Loading...

K.G.Udayakumar vs District Collector on 17 January, 2011

Kerala High Court
K.G.Udayakumar vs District Collector on 17 January, 2011
       

  

  

 
 
  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.
                        -------------------------
                     W.P (C) No.539 of 2011
                       --------------------------
               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

W.P (C) No.539 of 2010
2

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

W.P (C) No.539 of 2010
3

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
4

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information