Sebi Antony vs The Revenue Divisional Officer
2023 Latest Caselaw 11471 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                         WP(C) NO. 14502 OF 2023
PETITIONER:

              SEBI ANTONY
              AGED 56 YEARS
              SON OF ANTONY, MANJALI HOUSE, VARANTHARAPPILLI P.O.,
              THRISSUR DISTRICT, PIN - 680303
              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ


RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              IRINJALAKKUDA, 1ST FLOOR, CIVIL STATION ANNEXE,
              IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680125
     2        THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, CHEMBUKKAV, THRISSUR,
              PIN - 680020
              SRI. BIMAL K. NATH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(c) . No. 14502 OF 2023

                                  2

                              JUDGMENT

The petitioner states that he is the owner in

possession of the property having an extent of 1

hector 61 ares 88 Sq. Mtr of land comprised in Sy. No.

782 of Varantharappilly Village, Chalakkudy Taluk,

which is classified as nilam in the village records.

According to the petitioner, the property is a rubber

plantation. It is further stated that, during the 2018

floods mud got accumulated in the property, which

posed threat to the rubber plantation. Accordingly,

the petitioner filed an application for No Objection

Certificate before the Revenue Divisional Officer, the

1st respondent for the removal of mud and clay. The

Revenue Divisional officer, by Ext. P3 order, rejected

the application of the petitioner for No Objection

Certificate without assigning any reason. The W.P.(c) . No. 14502 OF 2023

petitioner has therefore filed this writ petition

challenging Ext. P3. It is contented that Ext. P3 has

been passed without hearing the petitioner and in

violation of the principles of natural justice.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. On going through Ext. P3, I find that Ext. P3 is

a cryptic order passed without hearing the petitioner.

Accordingly, Ext. P3 is set aside.

There will be a direction to the 1st respondent to

consider the application of the petitioner for No

Objection Certificate, under Rule 104 Kerala Minor

Mineral Concession Rules, 2015, afresh, as

expeditiously as possible, at any rate, within a period

of six weeks from the date of receipt of a certified

copy of this judgment. The petitioner shall produce a W.P.(c) . No. 14502 OF 2023

copy of this writ petition and a certified copy of the

judgment before the 1st respondent.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bnu W.P.(c) . No. 14502 OF 2023

APPENDIX

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH THE PROPERTY OF PETITIONER ISSUED BY THE VILLAGE OFFICER, VARANTHARAPPILLY Exhibit P2 TRUE PHOTOGRAPHS OF THE PROPERTY OF PETITIONER Exhibit P3 TRUE COPY OF THE ORDER DATED 29.12.2022 ISSUED BY THE FIRST RESPONDENT STATING THAT THE FIRST RESPONDENT IS NOT AN AUTHORITY TO CONSIDER THE APPLICATION OF PETITIONER