Chacko Philip vs The Chief Executive Officer & ...
2022 Latest Caselaw 3858 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. 30897 OF 2021
PETITIONER:

          CHACKO PHILIP
          AGED 54 YEARS
          S/O. PHILIP KALLUKALAM, MANIMOOLI RANDAMPADATHU,
          MANIMOOLI P. O., NILAMBUR TALUK,
          MALAPPURAM DISTRICT - 679 333.
          BY ADV K.MOHAMMED RAFEEQ
RESPONDENTS:

    1     THE CHIEF EXECUTIVE OFFICER & FISHERIES DEPUTY DIRECTOR
          PONNANI, MALAPPURAM DISTRICT - 679 583.
    2     VILLAGE OFFICER
          MOOTHEDAM VILLAGE, KARAPPURAM, VATTAPPADAM,
          MALAPPURAM DISTRICT - 679 331.
    3     DEPUTY TAHASILDAR
          TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT - 679 329.
    4     DISTRICT GEOLOGIST
          MALAPPURAM DISTRICT OFFICE, DEPARTMENT OF MINING
          GEOLOGY, MINI CIVIL STATION, MANJERY P. O.,
          MALAPPURAM DISTRICT - 676 121.
    5     ADDL.R5: THE REVENUE DIVISIONAL OFFICER
          PERINTHALMANNA, MALAPPURAM DISTRICT-679322
    6     ADDL.R6: SECRETARY TO GOVERNMENT,
          INDUSTRIES DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001

          (ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DATED
          05.04.2022 IN I.A.NO.2/2022)
     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. 30897 OF 2021

                                        2




                                 JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ or direction or order directing the fourth respondent to issue necessary transit passes to transport earth from digging of pond in his landed property by considering exhibit P6 application.

(ii) Quash exhibit P5 order issued by the fourth respondent as the same is not proper.

(iii) Declare that the revenue authority has no role in granting permission in connection with the digging activity of the pond for fish cultivation by virtue of exhibit P8 circular."

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

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that after

the issuance of Ext.P5 order, the petitioner has approached the RDO

with an application dated 03.02.2022 seeking an NOC for the purpose

of obtaining permission under Rule 104 of the Kerala Minor Mineral

Concession Rules from the State Government. It is submitted that the

same is liable to be considered in accordance with law. WP(C) NO. 30897 OF 2021

4. Having heard the learned Government Pleader also, there will be

a direction to the additionally impleaded 5th respondent to take up the

application submitted by the petitioner on 03.02.2022 and to consider

and pass orders on the same, in accordance with law, after conducting

due site inspections within a period of one month from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 30897 OF 2021

APPENDIX OF WP(C) 30897/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.01.2021 ISSUED BY THE RESPONDENT VILLAGE OFFICER. Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 27.01.2021 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE SEIZURE MAHAZAR DATED 02.02.2021 ISSUED BY THE THIRD RESPONDENT. Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 26.07.2021 IN WPC NO.5081/2021 ON THE FILE OF THIS HONOURABLE COURT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 12.08.2021 PASSED BY THE FOURTH RESPONDENT. Exhibit P6 TRUE COPY OF THE APPLICATION DATED 05.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT.

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 06.05.2021 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.

Exhibit P8 TRUE COPY OF THE G.O.(MS) NO.85/2010/ID DATED 5.4.2010.

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 3.2.2022 BEFORE THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA IN ORDER TO GRANT NO OBJECTION CERTIFICATE TO REMOVE EARTH FROM THE LANDED PROPERTY OF THE PETITIONER Exhibit P9 TRUE COPY OF THE APPEAL MEMORANDUM DATED 21.2.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT.

Exhibit P10 TRUE COPY OF THE CHALLAN RECEIPT DATED 22.2.2022 ISSUED BY THE ADDITIONAL SUB TREASURY RESPONDENTS' EXHIBITS: NIL