IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 533 of 2010(N)
1. MUHAMMED SHERIF,
... Petitioner
Vs
1. REVENUE DIVISIONAL OFFICER,
... Respondent
2. THE TAHSILDAR,
3. THE VILLAGE OFFICER,
4. AHAMMED KUTTY, S/O.UNNIKOYA,
5. SAIDALAVI, S/O.MUHAMMED MASTER,
6. THE DISTRICT COLLECTOR,
For Petitioner :SRI.G.HARIHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :29/06/2010
O R D E R
T.R. Ramachandran Nair, J.
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R.P.No.533/2010 in
W.P.(C) No. 11938 of 2010-N
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Dated this the 29th day of June, 2010.
O R D E R
Heard the learned counsel for the Review Petitioner and the learned
Govt. Pleader.
2. This Court, as per the judgment rendered on 6.4.2010, directed the
Revenue Divisional Officer to take a decision on Ext.P10, with notice to
respondents 4 and 5, within a period of six weeks from the date of receipt
of a copy of the judgment. It is pointed out in the review petition that the
Government has issued a circular dated 5.4.2010 wherein certain guidelines
have been framed with regard to the principles to be adopted while
considering the application for permit, etc. It is pointed out by the learned
counsel for the review petitioner that in the light of the new guidelines, no
permit is required for the petitioner to remove earth from his own land. But,
as there is no mention in the judgment about the circular dated 5.4.2010, the
Revenue Divisional Officer is refusing to consider the effect of the same.
3. The circular was not available when the writ petition was heard.
rp 533/2010 2
The Revenue Divisional Officer will consider the stipulations in the
circular dated 5.4.2010 also and their applicability, while considering the
claims of the petitioner. To that extent, the judgment is modified.
The review petition is accordingly disposed of. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/