Kerala High Court
M/S. Mannari Granites Pvt.Ltd vs The District Collector on 22 October, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 30884 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 30884 OF 2024
PETITIONER:
M/S. MANNARI GRANITES PVT.LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013
WITH ITS REGISTERED OFFICE AT 1/360,
MANNARI P.O., PAIPRA, MUVATTUPUZHA,
ERNAKULAM , REP. BY ITS DIRECTOR,
SHRI. M.P.PRASAD, AGED 68, S/O.PURUSHAN,
THIRUNILATH HOUSE, IRUMPANAM P.O.,
THIRUVANKULAM., PIN - 686673
BY ADVS.
DINESH R.SHENOY
PANCHAMI MENON
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD,
COCHIN., PIN - 682030
2 THE DEPUTY COLLECTOR (REVENUE INTELLIGENCE)
CENTRAL ZONE, CIVIL STATION,
ERNAKULAM, COCHIN ., PIN - 682030
3 THE TAHSILDAR
MUVATTUPUZHA TALUK, 1ST FLOOR,
MINI CIVIL STATION, PATTIMATTOM;
MUVATTUPUZHA ROAD,
MUVATTUPUZHA., PIN - 686673
4 THE VILLAGE OFFICER
MULAVOOR VILLAGE, MUVATTUPUZHA TALUK,
ERNAKULAM., PIN - 686673
5 LUCKOTIA PROPERTIES PVT.LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013
W.P.(C) No. 30884 of 2024
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WITH ITS REGISTERED OFFICE AT 12/228,
KIZHAKOMBU P.O., KOOTHATTUKULAM,
ERNAKULAM, REP.BY ITS DIRECTOR, GEETHA BABU,
AGED 55, W/O.BABU JACOB, 1/132,PULPARA,
THIRUMARADI PANCHAYATH., PIN - 686662
6 A.Y.VARGHESE
AGE NOT KNOWN TO THE PETITIONER,
S/O. YACOB, ARUKUPURATH HOUSE,
MANARY P.O ERNAKULAM., PIN - 686673
ASHWIN SETHUMADHAVAN, SPL. GP.
M.H.HANIL KUMAR - SPL.GP (REVENUE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 30884 of 2024
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JUDGMENT
The respondent No.5 is the title holder of the property
covered by Ext.P2. The petitioner Company took on lease the
said property for conducting quarry. To apply for quarrying
licence, the respondent No.5 preferred Exts.P8 and P9
applications before the respondent No.4 to issue demarcation
certificate, location map and non-assignment certificate of the
property covered by Ext.P2. The grievance of the petitioner is
that the respondent No.4 is not issuing those certificates by
raising flimsy reasons.
2. I have heard the learned counsel appearing for the
petitioner and the learned Special Government Pleader.
3. It is seen from the records that the respondent No.6
filed a complaint before the respondent No.2 that, in the
settlement register, the property has been described as tharisu.
Based on the said complaint, the respondent No.2 issued Ext.P17
communication to the respondent No.3. It appears that, based on
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the complaint of the respondent No.6, the Village Officer is not
issuing the certificates requested by the respondent No.5. Ext.P2
is the title deed of the property. It would show that the property
therein has been described as 'purayidom'. Moreover, in the
counter affidavit filed by the respondent No.3, it is stated that, in
the enquiry conducted by the Village Officer, the Taluk Surveyor
and the Tahsildar, it was found that the property is a purayidom.
Hence, the respondent No.4 is not justified in not issuing the
certificates demanded in Exts. P8 and P9 to the respondent No.5.
Having heard both sides, this writ petition is disposed of
with a direction to the respondent No.4 to issue certificates
sought for in Exts.P8 and P9 applications, in accordance with law,
within a period of one month from the date of receipt of a copy of
this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 30884/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF CERTIFIED COPY OF RESOLUTION
DATED 21/8/2024 ADOPTED BY THE BOARD OF DIRECTORS
OF THE PETITIONER COMPANY.
EXHIBIT P2 TRUE PHOTOCOPY OF SALE DEED NO.1228/2016 DATED
6/4/2016, MUVATTUPUZHA SRO.
EXHIBIT P3 TRUE PHOTOCOPY OF LETTER OF APPROVAL OF MINING
PLAN DATED 26/7/2018 ISSUED BY GEOLOGIST,
ERNAKULAM TO THE PETITIONER.
EXHIBIT P4 TRUE PHOTOCOPY OF ENVIRONMENTAL CLEARANCE
NO.91/Q/2022 ISSUED BY THE STATE ENVIRONMENTAL
IMPACT ASSESSMENT AUTHORITY ON 16/8/2022.
EXHIBIT P5 TRUE PHOTOCOPY OF LICENSE NO.548/2022; 2023 DATED
17/11/2022.
EXHIBIT P6 TRUE PHOTOCOPY OF TAX RECEIPT DATED 2/8/2024
ISSUED TO THE 5TH RESPONDENT BY THE 4TH
RESPONDENT.
EXHIBIT P7 TRUE PHOTOCOPY OF BASIC TAX REGISTER OF
SY.NO.1008/1/18, MUVATTUPUZHA TALUK, MULAVOOR
PAKUTHI.
EXHIBIT P8 TRUE PHOTOCOPY OF APPLICATION DATED 22/11/2023
SUBMITTED BY THE 5THRESPONDENT BEFORE THE 4TH
RESPONDENT.
EXHIBIT P9 TRUE PHOTOCOPY OF APPLICATION DATED 22/11/2023
SUBMITTED BY THE 5THRESPONDENT BEFORE THE 4TH
RESPONDENT.
EXHIBIT P10 TRUE PHOTOCOPY OF COMPLAINT DATED 18/9/2023
SUBMITTED BY THE 6TH RESPONDENT.
EXHIBIT P11 TRUE PHOTOCOPY OF REPORT NO.394/23 DATED
27/10/2023 BY THE VILLAGE OFFICER, MULAVOOR
VILLAGE AND COPY OF THANDAPER ACCOUNT ISSUED TO
THE PETITIONER, UNDER THE RIGHT TO INFORMATION
ACT.
EXHIBIT P12 TRUE PHOTOCOPY OF REPORT OF TALUK SURVEYOR DATED
26/2/2024 ISSUED UNDER THE RIGHT TO INFORMATION
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ACT.
EXHIBIT P13 TRUE PHOTOCOPY OF STATEMENT DATED 25/3/2024
SUBMITTED BY THE 6TH RESPONDENT BEFORE THE
REVENUE VIGILANCE DEPUTY COLLECTOR, TOGETHER WITH
COPY OF THE SETTLEMENT REGISTER ISSUED UNDER THE
RIGHT TO INFORMATION ACT
EXHIBIT P14 TRUE PHOTOCOPY OF REPORT OF HEAD SURVEYOR DATED
28/5/2024 OBTAINED UNDER THE RIGHT TO INFORMATION
ACT.
EXHIBIT P15 TRUE PHOTOCOPY OF REPORT OF THE 2ND RESPONDENT
DATED 11/6/2024 ISSUED UNDER THE RIGHT TO
INFORMATION ACT.
EXHIBIT P16 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE TALUK
LAND BOARD, MUVATTUPZHA TALUK IN CEILING CASE
C4.14650/17 (SM -1/17) DATED 22/12/2017.
EXHIBIT P17 TRUE PHOTOCOPY OF LETTER DATED 2/7/2024 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P18 TRUE PHOTOCOPY OF JUDGMENT REPORTED IN 2022 (4)
KHC PAGE 33.
