Thomas K.Paul vs District Geologist
2021 Latest Caselaw 20100 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                        WP(C) NO. 5602 OF 2021
PETITIONERS:

    1     THOMAS K.PAUL
          KATTADY, KEEZHILLAM, ERNAKULAM DISTRICT 683 541.

    2     SHIJI THOMAS
          W/O.THOMAS K. PAUL, KATTADY, KEEZHILLAM, ERNAKULAM
          DISTRICT 683 541.

          BY ADVS.
          SHAJI THOMAS
          SRI.BINU PAUL
          SRI.JEN JAISON



RESPONDENTS:

    1     DISTRICT GEOLOGIST
          CIVIL STATION, KAKKANAD, ERNAKULAM 682 030

    2     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD, ERNAKULAM 682 030

    3     THE TAHSILDAR
          MOOVATTUPUZHA TALUK, MOOVATTUPUZHA, ERNAKULAM DISTRICT
          686 661.

    4     VILLAGE OFFICER
          MULAVUR VILLAGE, MOOVATTUPUZHA, ERNAKULAM DISTRICT 686
          661.

          SRI.M.H.HANIL KUMAR, SPECIAL GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.5602/2021
                                        2


               P.V.KUNHIKRISHNAN, J
      --------------------------------------
              W.P.(C)No.5602 of 2021
      --------------------------------------
      Dated this the 24th day of September 2021

                               JUDGMENT

The above writ petition is filed with following

prayers:

"i) a writ of certiorari or any other writ, order or direction quashing Exts.P8 and P9 holding that the 1st petitioner's land cannot be used for extraction of granites.

ii) a writ of mandamus or any other writ, order or direction commanding the 4th respondent to issue Non-Assignment Certificate to the petitioners in respect of the property lying in Survey No.1008/1-7 and in Survey No.1008/1-24 of Mulavoor Village owned and possessed by the 1st petitioner as evident from Ext.P3 possession certificate and Ext.P4 tax receipt.

iii) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and to allow this petition."

2. Today, when the matter came up for

consideration the learned counsel for the

petitioners submitted that, he will be satisfied if

the 1st respondent is directed to dispose Ext.P13 WP(C) NO.5602/2021

produced in I.A.No.3/2021. I heard the learned

Government Pleader also.

3. After hearing both sides, I think there can

be a direction to the 1st respondent to consider

Ext.P13 and pass appropriate orders, with notice to

the petitioners. I make it clear that I have not

considered the matter on merit and the 1st

respondent is free to pass appropriate orders.

Therefore, this writ petition is disposed in

the following manner:

i) The 1st respondent is directed to

consider Ext.P13 and pass appropriate orders in it

in accordance to law, as expeditiously as possible,

at any rate, within six weeks from the date of

receipt of a copy of this judgment.

ii) Before passing final orders, the 1st

respondent shall give an opportunity of hearing to

the petitioners.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.5602/2021

APPENDIX OF WP(C) 5602/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE FORM OF ORDER OR ASSIGNMENT ON REGISTRY IN APPENDIX I DATED 10.12.1962 ISSUED BY THE TAHSILDAR, MOOVATTUPUZHA.

EXHIBIT P2 TRUE PHOTOCOPY OF THE FORM OF PATTA ISSUED IN APPENDIX II DATED 10.12.1962 ISSUED BY THE TAHSILDAR, MOOVATTUPUZHA.

EXHIBIT P3 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 15.7.2020 ISSUED BY THE VILLAGE OFFICER, MULAVOOR VILLAGE.

EXHIBIT P4 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 29.5.2020 ISSUED BY THE VILLAGE OFFICER, MULAVOOR VILLAGE.

EXHIBIT P5 TRUE PHOTOCOPY OF THE QUARRYING PERMIT DATED 29.7.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED 20.11.2020 IN W.P.(C) NO.24856/2020 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE LETTER DATED 18.12.2020 WRITTEN BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P8 TRUE PHOTOCOPY OF THE LETTER DATED 20.1.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER DATED 23.1.2021 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P10 TRUE PHOTOCOPY OF THE NON-ASSIGNMENT CERTIFICATE DATED 17.04.2021 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P11 TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE NO.DOE/524/E2/21 DATED 19.07.2021 ISSUED WP(C) NO.5602/2021

BY THE 1ST RESPONDENT.

EXHIBIT P12 TRUE PHOTOCOPY OF THE CHELLAN RECEIPT DATED 30.07.2021.

EXHIBIT P13 TRUE PHOTOCOPY OF THE APPLICATION DATED 15.09.2021 FILED BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE