Boby Chemmannur International ... vs The District Collector
2023 Latest Caselaw 9538 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                         WP(C) NO. 27759 OF 2023
PETITIONER/S:
           BOBY CHEMMANNUR INTERNATIONAL DEVELOPERS LLP
           DOOR NO.34/573, MJ BUILDING, PALATTUTHAZHAM, ERANJIPALAM,
           CIVIL STATION(P.O), KOZHIKODE-673020 REP.BY DESIGNATED
           PARTNER JOPAUL, AGED 45, S/O JOHNY, PAYYAPPILLY, ANGAMALY
           VILLAGE, PARAKKADAVU, ERNAKULAM-683572, PIN - 683572
           BY ADVS.
           PRAVEEN K. JOY
           T.A.JOY
           E.S.SANEEJ
           M.P.UNNIKRISHNAN
           N.ABHILASH
           DEEPU RAJAGOPAL
           ARDRA ANIL
           ABISHA.E.R
           ALBIN VARGHESE
           FATHIMA SHALU S.
           ANUPAMA NAIR


RESPONDENT/S:
     1     THE DISTRICT COLLECTOR
           THRISSUR, DISTRICT COLLECTOR OFFICE FIRST FLOOR, CIVIL
           STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE,
           THRISSUR, PIN - 680003
     2     REVENUE DIVISIONAL OFFICER
           OFFICE OF THE REVENUE DIVISIONAL OFFICER FIRST FLOOR,
           CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE,
           THRISSUR, PIN - 680003
     3     THE DISTRICT GEOLOGIST
           DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY,
           MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR, PIN - 680020
     4     THE TAHSILDAR
           (LAND RECORDS), TALUK OFFICE, PALACE ROAD, THRISSUR, PIN -
           680020
     5     THE VILLAGE OFFICER
           OLLUKKARA VILLAGE, SREYAS NAGAR, THRISSUR, PIN - 680655
     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.27759 of 2023
                                         2

                           J U D G M E N T

The petitioner, a limited liability partnership

firm, was granted Ext.P3 building permit and Ext.P4

development permit. Pursuant thereto, the petitioner

made application for transit pass for removal of

ordinary earth and the same was granted as per

Exts.P5, P7 and P8 orders. However, the petitioner

could not lift the entire sand and stone pursuant to

the passes the permissible period. Accordingly, the

petitioner submitted Ext.P9 application for renewal

of transit passes. By Ext.P10, the 3rd respondent,

the District Geologist, allowed the application for

renewal with a condition that the petitioner shall

obtain NOC from the 2nd respondent, Revenue

Divisional Officer, in terms of Rule 104 of the

Kerala Minor Minerals Concession Rules 2015.

2. The petitioner submits that the condition

imposed in Ext.P10 for obtaining NOC from the 2 nd

respondent is illegal since the transit passes were

issued prior to the insertion of Rule 104 and that

the requirement of NOC was not insisted while

granting of Exts. P5, P7 and P8. The petitioner

submits that, highlighting his grievances, he has W.P(C).No.27759 of 2023

preferred Ext.P11 representation before the 2nd

respondent.

3. When the writ petition came up for

consideration today, the learned counsel for the

petitioner confines his prayer for consideration of

Ext.P11 by the 2nd respondent.

4. Heard the learned counsel for the

petitioner and the also the learned Government

Pleader for the respondents.

In the fact and circumstances the case, there

will be a direction to the 2nd respondent to

consider Ext.P11 representation submitted by the

petitioner as expeditiously as possible, at any

rate, within a period of one month from the date of

receipt of the copy of this judgment, after hearing

the petitioner.

With these direction, this writ petition is

disposed of.

Sd/-

MURALI PURUSHOTHAMAN SM JUDGE W.P(C).No.27759 of 2023

APPENDIX OF WP(C) 27759/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 28.04.2022 FOR THE YEAR 2022-2023 Exhibit P2 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 18.06.2022 Exhibit P3 TRUE COPY OF THE BUILDING PERMIT WITH NO.

OLK3-BA (198113)/2019 DATED 19.02.2018 OF THE THRISSUR CORPORATION Exhibit P4 TRUE COPY OF THE DEVELOPMENT PERMIT WITH NO.

OLK3/2811/20/BA/48/20-21 DATED 01.12.2020 OF THE THRISSUR CORPORATION Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE SENIOR GEOLOGIST DATED 15.04.2021 Exhibit P6 TRUE COPY OF THE LETTER ISSUED BY THE EXECUTIVE ENGINEER, THRISSUR CORPORATION TO THE 3RD RESPONDENT DATED 25.03.2022 Exhibit P7 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 22.04.2022 Exhibit P8 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 20.08.2022 Exhibit P9 TRUE COPY OF THE LETTER SUBMITTED BEFORE THE 3RD RESPONDENT DATED 04.02.2023 Exhibit P10 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 01.06.2023 Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 01.08.2023 WITHOUT ANNEXURES

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE