IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 539 of 2011(N)
1. K.G.UDAYAKUMAR, AGED 45 YEARS,
... Petitioner
Vs
1. DISTRICT COLLECTOR,
... Respondent
2. REVENUE DIVISIONAL OFFICER,
3. SENIOR GEOLOGIST,
4. TAHSILDAR,
For Petitioner :SRI.C.AJITH KUMAR (KALLESSERIL)
For Respondent :SRI.C.Y.VINOD KUMAR
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/01/2011
O R D E R
ANTONY DOMINIC, J.
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W.P (C) No.539 of 2011
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Dated this the 17th January, 2011
J U D G M E N T
Petitioner has been issued a permit for mining
ordinary sand which is stated to be valid till 24.5.2011.
In this writ petition his grievance is against Ext.P4, an
order passed by the District Collector, prohibiting mining
of sand in the villages mentioned in the order which
includes the area which includes the area covered by the
permit also.
2. As far as the power of the District Collector to
issue the order is concerned, this Court has already held
in Gokuldas Vs. Geologist [ 2009 (3) KLT 924] that the
District Collector has the power. Therefore, that
contention of the petitioner that the order suffers from
lack of jurisdiction will have to be negatived.
3. However, as rightly pointed out by the learned
counsel for the petitioner, the District Collector ‘s power to
issue an order in the nature of Ext.P4 is only to issue time
bound orders and orders for indefinite periods cannot be
issued. Ext.P4 can be seen to be for an indefinite period
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and in that view order to be reviewed.
4.. However, the learned Government Pleader
points out that in view of various complaints that were
received against the illegal sand ming, the District Collector
had to issue Ext.P4 order. Learned Government Pleader
further submits that the District Collector has called for
reports from the Tahsildar, Village Officer, and Geologist
and that on receipt of the reports, the Distrct Collector will
reconsider the matter in the light of the reports.
5. In the judgment noticed above, this Court has
clarified that the District Collector has power only to issue
time bound orders. Therefore, necessarily the District
Collector will have to review the orders periodically and if
necessary, fresh orders should be passed extending the
period of the orders already issued.
6. Now that the District Collector is awaiting
reports of the Tahsildar, Village Officer and Geologist to
consider the issue raised in Ext.P4, I direct that on
production of a copy of this judgment along with a copy of
the writ petition, the District Collector will expedite the
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matter. It is directed that once reports are received, the
District Collector will reconsider Ext.P4 and pass fresh
orders in the matter either lifting the ban or extending the
same for further specified periods depending upon the
exigencies that may arise. This shall be done at any rate,
within six weeks of production of a copy of this judgment.
Petitioner to produce a copy of this judgment along
with a copy of the writ petition before the District Collector
for compliance.
Sd/-
ANTONY DOMINIC
JUDGE
ma
/True copy/
P.A to Judge
W.P (C) No.539 of 2010
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