Hameed vs The District Collector
2022 Latest Caselaw 3826 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                         WP(C) NO.1886 OF 2022
PETITIONER :-

             HAMEED, AGED 58 YEARS
             S/O. MOIDEENKUTTY HAJI, THIYATTIL HOUSE, P.O,
             PULASSERY, KOPPAM, PALAKKAD DISTRICT, PIN - 679 307.

             BY ADV BINOY VASUDEVAN


RESPONDENTS :-

      1      THE DISTRICT COLLECTOR
             COLLECTORATE, CIVIL STATION, PALAKKAD, 678 001.

      2      THE DEUPTY COLLECTOR(LR)
             CIVIL STATION, PALAKKAD - 678 001.

      3      THE DISTRICT GEOLOGIST
             OFFICE OF THE DISTRICT GEOLOGIST, CIVIL STATION,
             PALAKKAD - 670 001.

      4      THE TAHSILDAR (LAND RECORDS)
             TALUK OFFICE, PATTAMBI, 679 303.

      5      THE VILLAGE OFFICER
             PARUTHUR VILLAGE, PARUTHUR P.O,
             PALAKKAD DISTRICT, PIN - 679 312.

             BY SMT.VINITHA. B. -SR.G.P


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.04.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.1886 OF 2022

                                -: 2 :-


                            JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed challenging Ext.P5 order issued by

the District Collector on 7.1.2022. The learned counsel for the

petitioner submits that the petitioner had been issued with Ext.P4

order by the Deputy Collector on 22.12.2021 stating that the

petitioner does not require permissions for the widening or

deepening of a pond in his property. It is submitted that the said

communication has now been reviewed by Ext.P5 and interdictory

orders have been passed against the petitioner. The learned

counsel for the petitioner submits that the request made by the

petitioner was only for the renovation of a pond situated in the

petitioner's property by removing the clay from the same. It is

submitted that Ext.P5 order has been issued without any notice to

the petitioner and without considering any of his objections.

2. A statement has been placed on record by the 1st

respondent stating that the request made by the petitioner to

remove mud and soil from the property had been ordered by Ext.P4

without obtaining any report from the concerned authorities and

without conducting adequate enquiry. It is stated that on coming

to know of Ext.P4, the 1st respondent reviewed the order of the 2 nd

respondent and cancelled the same vide order dated 7.1.2022. WP(C) NO.1886 OF 2022

3. Having heard the learned Government Pleader also, I

am of the opinion that even in case the higher authority has the

power to review the orders passed by the Deputy Collector, the

same cannot be exercised, by any stretch of imagination, without

issuing a due notice and after considering the contentions of the

person, who was the beneficiary of the earlier order.

In the above view of the matter, I am of the opinion that

Ext.P5 can only be treated as a show cause notice to the petitioner

at best. There will, accordingly, be a direction that Ext.P5 shall be

construed as a show cause notice and the petitioner's objections to

Ext.P5 to the extent it proposes a review of Ext.P4 shall be placed

on record. Such objections shall be considered by the District

Collector in accordance with the provisions of the Kerala Minor

Mineral Concession Rules, 2015 as also the provisions of the

Kerala Conservation of Paddy Land and Wetland Act, 2008 and the

Rules made thereunder and appropriate decision shall be taken

after considering the petitioner's objections and after hearing the

petitioner, within a period of three weeks from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/6.4.2022 WP(C) NO.1886 OF 2022

APPENDIX OF WP(C) 1886/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.11.2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.11.2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS EARLY AS ON 21.11.2021.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIDE NO.DCPKD/10771/2021-C3 DATED 22.12.2021.

Exhibit P5 TRUE COPY OF THE ORDER NO. DCPKD/10771/2021-CE DATED 07.01.2022 OF THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE CIRCULAR NO. DCPKD/2642/2020-

CA1 DATED 29.02.2020 ISSUED BY THE 1ST RESPONDENT.