Chinnamma vs The State Of Kerala
2021 Latest Caselaw 21646 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 23851 OF 2021
PETITIONERS:

    1     CHINNAMMA,
          AGED 87 YEARS
          W/O. JOSEPH, RESIDING AT KANJIRATHINGAL HOUSE, P.O.
          MULLASSERY, , THRISSUR 680 509.

    2     MARY,
          AGED 84 YEARS
          W/O. LOUIS,
          RESIDING AT THALAKKOTTUKARA HOUSE, P.O. VENGIDANGU,
          THRISSUR 680 510.

    3     LAZAR C.V.,
          AGED 85 YEARS
          S/O. VAREED,
          RESIDING AT CHIRIYANKANDATH HOUSE, MULLASSERY P.O.,
          THRISSUR 680 509.

    4     JOHN RAFI .K.J.,
          AGED 53 YEARS
          S/O. JOSEPH, RESIDING AT KANJIRATHINGAL HOUSE,
          MULLASSERY P.O.,
          CHAVAKKAD, THRISSUR 680 509.

          BY ADVS.
          T.C.SURESH MENON
          B.DEEPAK



RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (P)
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, AYYANTHOLE, THRISSUR 680 003.

    3     THE DIRECTOR OF MINING AND GEOLOGY,
          THIRUVANANTHAPURAM 695 001.
 WP(C) NO. 23851 OF 2021

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     4      THE TAHSILDAR (LR),
            TALUK OFFICE, CHEMBUKAVU, THRISSUR 680 020.



            RIYAL DEVASSY-GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23851 OF 2021

                                       3


                                  JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) issue a writ in the nature of mandamus directing the 2nd respondent to consider on merits Ext.P1 and pass final orders on the same after taking into account Ext.P3 report submitted by the 4th respondent.

ii) issue a writ in the nature of mandamus directing the 2nd respondent to grant permission to the petitioners to remove the rocks from their properties Sy.Nos.1469/2, 1482 and 1483/2 of Killannoor Village in Thrissur Taluk so as to make it fit for agricultural operations."

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that

the petitioners had submitted Ext.P1 application for NOC for removal of

rocks from their properties so as to make the property fit for

agricultural operation. It is submitted that the said application is

pending before the 2nd respondent and the 2nd respondent has also called

for due reports which have been generated by the 4th respondent.

Having heard the learned Government Pleader also and without

expressing any view on the merits of the matter, there will be a WP(C) NO. 23851 OF 2021

direction to the 2nd respondent to take up Ext.P1 request made by the

petitioners and to consider and pass orders on the same in accordance

with law, taking note of Ext.P3 as well, within a period of two months

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 23851 OF 2021

APPENDIX OF WP(C) 23851/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REQUEST/REPRESENTATION MADE BY THE 4TH PETITIONER TO THE 2ND RESPONDENT DATED 21.12.2019.

Exhibit P2 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT DATED 6.1.2020.

Exhibit P3 TRUE COPY OF THE REPORT BY THE 4TH RESPONDENT ALONG WITH THE MAHAZAR AND SKETCH PREPARED BY THE VILLAGE OFFICER, KILLANNOOR VILLAGE DATED 16.6.2020.