T.P.Jacob vs District Collector
2021 Latest Caselaw 9973 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                        WP(C).No.5889 OF 2019(I)


PETITIONER/S:

                T.P.JACOB,AGED 65 YEARS
                S/O. POULO, THIRUTHANATHI HOUSE, MANJAPRA
                VADAKKUMBHAGOM KARA, MANJAPRA VILLAGE, ALUVA TALUK,
                MANJAPRA P.O - 683581,
                MOB.944641779.

                BY ADVS.
                SRI.V.RAJENDRAN (PERUMBAVOOR)
                SHRI.GEORGE VARGHESE KIZHAKKAMBALAM
                SRI.N.RAJESH

RESPONDENT/S:

      1         DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION,
                KAKKANAD-682030.

      2         SUB COLLECTOR,
                FORT KOCHI-682001.

      3         TAHSILDAR,
                ALUVA, ALUVA TALUK OFFICE, ALUVA-683101.

      4         VILLAGE OFFICER,
                THEKKUMBHAGOM VILLAGE, ALUVA TALUK, CHOWWARA
                P.O,683501.

      5         GEOLOGIST,
                ERNAKULAM, OFFICE OF MINING AND GEOLOGY, CIVIL
                STATION, KAKKANAD-682030.

      6         DEPUTY DIRECTOR,
                FISHERIES, ERNAKULAM ZONE, OFFICE OF THE DEPUTY
                DIRECTOR FISHERIES, DR. SALIM ALI ROAD, ERNAKULAM-
                682018.

                R1-R6 BY GP: SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5889 OF 2019(I)                      2




                                         JUDGMENT

The Writ Petition is filed seeking the following

relief:

"To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to accord sanction to the petitioner for conducting a fish farm in his property having an extent of 11.95 ares in Re- Sy.Nos.162/2/2(2.87 ares) 162/1 (3.82 ares) and 162/2 (5.26 ares) in block No.30 of Aluva Thekkkumbhagom Village as per the applications filed by the petitioner before the 1 st respondent vide Exhibit P5 and Exhibit P12 within a time fixed by this Hon'ble Court."

2. Pending the Writ Petition, the 1st respondent

has passed Ext.P14 order granting permission as sought

for, subject to the petitioner obtaining necessary

sanction and permit from the Department of Geology. In

the counter affidavit filed by the 5 th respondent-

Geologist, it has been stated that the excavation and

transportation have to be done on obtaining necessary

permits as per the Kerala Minerals (Prevention of

Illegal Mining Storage and Transportation) Rules, 2015.

Leaving open the right of the petitioner to seek for

necessary permits from the Department of Geology in the

light of Ext.P14 order referred to above, the Writ

Petition is closed.

Sd/-

SATHISH NINAN JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF TAX RECEIPT NO.5867188 DATED 13.4.18 ISSUED TO THE PETITIONER FROM THEKKUMBHAGOM VILLAGE EVIDENCING PAYMENT OF BASIC TAX FOR THE PROPERTY.

EXHIBIT P2 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 13.7.2017.

EXHIBIT P3 TRUE COPY OF THE REPORT BEARING NO 238/17 DATED 20.9.2017 SUBMITTED BY THE 4TH RESPONDENT BEFORE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY 3RD RESPONDENT TO THE PETITIONER ON 18.11.2017 BEARING NO.C8.8916/17.

EXHIBIT P5 TRUE COPY OF PETITION FILED BY PETITIONER BEFORE THE 1ST RESPONDENT ON 5.7.18.

EXHIBIT P6 TRUE COPY OF ORDER ISSUED B THE 1ST RESPONDENT DIRECTING THE DEPUTY COLLECTOR(LR)TO EXAMINE EXHIBIT P5 PETITION ON 5.7.18.

EXHIBIT P7 TRUE COP OF THE LETTER ISSUED BY 1ST RESPONDENT TO THE PETITIONER BEARING NO.L15-12299/17 DATED 3.11.18.

EXHIBIT P8 TRUE COPY OF REGISTRATION CERTIFICATE NO.EKM/FWF/FISH/2018/166 DATED 19.12.18 ISSUED BY 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF ACQUA CULTURE LICENCE NO.EKM/FWF/FISH/2018/166 DATED 19.12.18 ISSUED BY 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF PETITION FILED BY THE COUNSEL FOR THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER, DIRECTORATE OF MINING AND GEOLOGY DEPARTMENT THIRUVANANTHAPURAM- 17.1.18.

EXHIBIT P11 TRUE COPY OF REPLY SENT BY THE PUBLIC INFORMATION OFFICER, DIRECTORATE OF MINING AND GEOLOGY DEPARTMENT THIRUVANANTHAPURAM TO THE COUNSEL FOR PETITIONER BEARING

NO.332/M3/2019 DATED 23.1.19.

EXHIBIT P12 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 6.2.19.

EXHIBIT P13 TRUE COPY OF RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER ON 6.2.19.

EXHIBIT P14 TRUE COPY OF LETTER BEARING NO L15-2295/19 DATED 24.2.2021 ISSUED BY THE IST RESPONDENT TO THE PETITIONER

EXHIBIT R5(a) TRUE COPY OF THE PHOTOGRAPH OF PETITIONER'S PROPERTY