Mohanan vs The District Collector
2022 Latest Caselaw 4296 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                       WP(C) NO. 5742 OF 2022
PETITIONER:

          MOHANAN
          AGED 62 YEARS
          S/O VIJAYAN, KUZHIYANVELI HOUSE, CHELAMATTOM,
          OKKAL.P.O, ERNAKULAM.

          BY ADVS.
          PHILIP J.VETTICKATTU
          SAJITHA GEORGE
          NEENU BERNATH



RESPONDENT:

          THE DISTRICT COLLECTOR
          OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
          KAKKANAD-682030.

          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          SMT.VINEETHA B., SENIOR G.P.()



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




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5742 OF 2022

                                         2


                                 JUDGMENT

This writ petition is filed seeking the following relief:

"Issue a writ of mandamus or any other writ, order or direction directing the respondent to dispose of Ext.P1 application for NOC, forthwith by affording an effective opportunity of being heard."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. The learned counsel for the petitioner contends that Ext.P1

application for NOC has been submitted by the petitioner for conducting

quarrying in an extent of 3 acres of Government puramboke land as early

as on 07.06.2018. It is contended that the same may be considered in

accordance with law.

4. A statement has been placed on record by the learned

Government Pleader, wherein it is contended that the inspections

necessary for a consideration of Ext.P1 were completed, however, it is

submitted that the application cannot be considered in view of the

Government orders and the guidelines issued on 28.01.2021. It is stated WP(C) NO. 5742 OF 2022

that the petitioner may submit fresh application when the applications

are invited in the light of the new guidelines.

Having heard the learned counsel on either side, I am of the opinion

that since Ext.P1 application has been submitted by the petitioner, it is

for the 1st respondent to take an appropriate decision on Ext.P1 and

communicate the decision thereof to the petitioner. There will,

accordingly, be a direction to the 1 st respondent to consider and pass

orders on Ext.P1 application submitted by the petitioner 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. 5742 OF 2022

APPENDIX OF WP(C) 5742/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 7-6-2018 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

Exhibit P2 TRUE COPY OF REPORT DT.7-12-2018 SUBMITTED BY THE JURISDICATIONAL TAHSILDAR

Exhibit P3 TRUE COPY OF REPORT DTD.13-8-2019 SUBMITTED BY THE DISTRICT GEOLOGIST

Exhibit P4 TRUE COPY OF REPORT DT.7-3-2020 SUBMITTED BY THE TAHSILDAR.