IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33097 of 2008(M)
1. MARY ABRAHAM, W/O.ABRAHAM, AGED 58
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
2. THE TAHSILDAR, VAIKOM TALUK,
3. THE DISTRICT GEOLOGIST, KOTTAYAM
4. THE DISTRICT COLLECTOR,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :10/11/2008
O R D E R
V.GIRI, J.
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W.P.(C).No.33097 of 2008
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Dated this the 10th day of November, 2008.
JUDGMENT
The 3rd respondent issued Ext.P1 mining permit
to the petitioner authorising her to mine 1000 Metric Tons
of ordinary sand from the property having an extent of
14.24 Ares of land situated in Survey No.772/8a in Velloor
Village, Vaikom Taluk. The permit was valid up to
9.9.2008.
2. On 10.9.2008, the ban was imposed as
regards mining of ordinary sand in Vaikom Taluk and
thereafter the ban remained in force only till 10.10.2008,
on which date Ext.P2 was issued lifting the ban.
3. The first respondent, Circle Inspector of Police,
conducted a search in the land where the petitioner was
conducting mining and found that 700 feet of sand stored
there. It was taken into custody and proceedings are
pending before the 2nd respondent Tahsildar.
4. The petitioner filed Ext.P6 representation
before the District Collector praying for release of the sand.
I am of the opinion that it is better that the District
W.P.(C).NO.33097/08
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Collector takes a decision in this regard, if, in the
meanwhile, the sand is proposed to be sold.
5. Having heard learned Government Pleader, I
am of the view that the sale of the sand be deferred till the
District Collector takes a decision.
In the result, the writ petition is disposed of
directing the 1st respondent to consider and take
appropriate decision on Ext.P6, within a period of two
weeks from the date of receipt of a copy of this judgment.
The sale of the sand seized from the petitioner’s property
shall be kept in abeyance till the 1st respondent takes a
decision on Ext.P6. If the District Collector finds that the
sand is liable to be sold, it shall be sold only by a public
auction, after due notice to the petitioner. The Collector
shall also take into account Ext.P5 report of the Geologist.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. To Judge