Jose K.U vs The District Collector
2024 Latest Caselaw 30448 Ker

Kerala High Court

Jose K.U vs The District Collector on 25 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.36286/2024

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                                                2024:KER:79495
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                        WP(C) NO. 36286 OF 2024

PETITIONER:

             JOSE K.U, AGED 63 YEARS
             S/O.ULAHANNAN, KALLUPURAYKKAKATHU HOUSE,
             ANJOOTTIMANGALAM, THALAPPALAM, KOTTAYAM DISTRICT,
             KERALA REPRESENTED BY POWER OF ATTORNEY HOLDER,
             ANTONY ZACHARIAS, AGED 29, S/O.ZACHARIAS,
             ADACKAMUNDACKAL, ARUVIKKUZHY, ARUVIKKUZHY P.O,
             ANICKADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM
             DISTRICT, PIN - 686503


             BY ADV BALRAM S.A.


RESPONDENTS:

    1        THE DISTRICT COLLECTOR
             COLLECTORATE, KOTTAYAM DISTRICT, PIN - 686002

    2        THE REVENUE DIVISIONAL OFFICER
             PALA, KOTTAYAM DISTRICT, PIN - 685575

    3        THE VILLAGE OFFICER
             THALAPPALAM VILLAGE OFFICE, THALAPPALAM,
             PLASSANAL, KOTTAYAMM DISTRICT, PIN - 686678


             SRI.B.S.SYAMANTHAK, GP


      THIS    WRIT      PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   25.10.2024,       THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.36286/2024

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                                                            2024:KER:79495




                               JUDGMENT

This writ petition has been filed to give a direction to

the 2nd respondent to consider and pass orders on Ext.P5

application under Rule 104 of the Kerala Minor Mineral

Concession Rules, 2015 within a time frame.

The learned Government Pleader on instructions

submits that order has already been passed on Ext.P5

application. A copy of the order has been made available before

this Court. Hence, this writ petition is closed as infructuous,

with liberty to the petitioner to challenge the order passed in

Ext. P5 application in accordance with law.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

2024:KER:79495 APPENDIX OF WP(C) 36286/2024

PETITIONER EXHIBITS

Exhibit P 1 TRUE COPY OF THE TAX RECEIPT DATED 05- 04-2023

Exhibit P 2 TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 20-04-2023 AND THE SAME IS VALID TILL 31-03-2028

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF URBAN AFFAIRS, GOVERNMENT OF KERALA WITH THE ENDORSEMENT OF THE 3RD RESPONDENT DATED 05-08-2023

Exhibit P 4 TRUE COPY OF THE REPORT ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 16-08-2023 BEARING NO.171/23

Exhibit P 5 TRUE COPY OF THE REQUEST LETTER SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit P 6 TRUE COPY OF THE RECEIPT DATED 18-08- 2023 BEARING NO.1006/23 ISSUED BY THE 2ND RESPONDENT