IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8680 of 2010(H)
1. V.T.FOULY, AGED 35 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE CHIEF OFFICER,
3. THE STATE OF KERALA REPRESENTED BY ITS
For Petitioner :SRI.T.O.XAVIER
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 8680 of 2010 H
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Dated this the 2nd day of September, 2010
J U D G M E N T
The petitioner submits that he is the owner of 50 cents
of land in Survey No.1915/2 of Vamanapuram Village in
Nedumangad Taluk. According to the petitioner, he wants to
remove soil from the said land for the purpose of making a fresh
water fish pond for aquaculture purpose. For the said purpose, he
made Ext.P4 application to the District Collector, which, according
to the petitioner, was duly recommended by the Village Officer.
There is no progress in the matter and, therefore, the writ petition
is filed.
2. It is now pointed out that in terms of the Kerala Miner
Mineral Concession(Amendment) Rules, 2010, a proviso has been
added to Rule 5, which says that an application for obtaining
permission for digging up of ponds or wells or tanks and for the
renovation of stagnant water bodies in patta lands, for purposes
including aquaculture, No Objection Certificate of the District
Collector as stipulated in Rule 5(5) is not mandatory. The Rule
provides that if an application is made to the Government
WPC.8680/2010
: 2 :
accompanied by a certificate from the Agriculture Officer or Officer
in Charge of Marine Products Export Development Auhority or
Department of Fisheries or Village Officer or the local authority
concerned to the effect that the applicant is in need of digging the
pond for aquaculture purpose, the application will be considered.
3. Since, according to the petitioner, the pond is
constructed for aquaculture purposes, it is not necessary for the
petitioner to obtain certificate from the District Collector, as sought
for by him. On the other hand, the course open to the petitioner is
to make appropriate application to the Government as provided in
Rule 57 of the Kerala Miner Mineral Concession Rules, enclosing
the certificate as mentioned in the proviso to Rule 5(5) mentioned
above. It is directed that if such an application is made by the
petitioner, necessary action shall be taken thereon.
The writ petition is disposed of as above.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge