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Kerala High Court
K.T.Sunil @ K.T.Sunil Kumar vs State Of Kerala on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37565 of 2010(U)


1. K.T.SUNIL @ K.T.SUNIL KUMAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KOTTAYAM,

3. THE SENIOR GEOLOGIST, DISTRICT OFFICE,

4. THE SECRETARY, KERALA CONGRESS (M)

                For Petitioner  :SRI.C.S.MANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/12/2010

 O R D E R
                       ANTONY DOMINIC, J.

             ```````````````````````````````````````````````````````
                 W.P.(C) No. 37565 of 2010 U
             ```````````````````````````````````````````````````````
         Dated this the 20th day of December, 2010

                            J U D G M E N T

Ext.P1 NOC was issued by the District Collector

enabling the petitioner to obtain permit for mining ordinary

sand. Based on Ext.P1, Ext.P2 permit was also obtained by

the petitioner from the Geologist. However, in view of Ext.P3

ban order issued by the District Collector, petitioner is not

permitted to mine ordinary sand. It is in these circumstances,

challenging Ext.P3 order of the District Collector banning sand

mining, this writ petition is filed.

2. The main contention raised by the learned counsel

for the petitioner is that the District Collector has no power to

ban sand mining and, therefore, Ext.P3 is illegal. As far as

this contention of the learned counsel for the petitioner is

concerned, the judgment of this Court in Gokuldas Vs.

Geologist [2009 (3) KLT 924] upholding the power of the

District Collector to issue orders in the nature of Ext.P3, is a

W.P.(C) No.37565/10
: 2 :

complete answer.

3. Therefore, Ext.P3 is to be upheld and I do so.

4. Be that as it may, Ext.P3 order reflects only a

temporary ban and, therefore, it will be open to the petitioner

to seek appropriate orders from the respondent concerned.

Writ petition is disposed of as above.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge


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