Mujeeb Rehman vs The State Of Kerala Represented By … on 30 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3068 of 2010(G)


1. MUJEEB REHMAN, S/O.SAIDU MUHAMMED,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR DEPARTMENT OF MINING AND

3. THE REVENUE DIVISIONAL OFFICER,

4. THE DISTRICT COLLECTOR,

5. THE THAHASILDAR, KODUNGALLUR TALUK,

6. THE JOINT DIRECOT DEPARTMENT OF

7. GEOLOGIST, DEPARTMENT OF MINING AND

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :30/01/2010

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                   W.P.(C) No.3068 OF 2010
               ---------------------------------------
           Dated this the 30th day of January, 2010.


                          J U D G M E N T

The petitioner is engaged in the business of stock and sale

of ordinary sand. He intends to conduct business for the stock

and sale of ordinary sand in the property having an extent of 16

cents situated in survey No.673/2 in Eriyad village, Kodungallur

Taluk in Thrissur District.

2. For getting licence, the petitioner submitted an

application before the 2nd respondent as per Exhibit P1 along with

all the required documents. The 2nd respondent forwarded the

application to the 3rd and 5th respondents. It is pointed out that

the agriculture officer and the village officer have sent reports in

favour of the petitioner after inspection. Exhibit P2 is the copy of

the certificate issued by the Principal Agriculture Officer to the

Geologist. But, the 3rd respondent Revenue Divisional Officer

rejected the application of the petitioner as per Exhibit P3. The

petitioner filed Exhibit P4 application before the District Collector

W.P.(C) No.3068/2010 2

in the matter.

3. Learned Government Pleader on instructions submitted

that the competent authority is the District Collector in the light

of the amended Rule 57 of the Kerala Minor Mineral Concession

Rules.

There will be a direction to the 4th respondent to take a

decision on Exhibit P4, after assessing various materials produced

by the petitioner and the reports furnished by other statutory

authorities, within a period of two months from the date of

production of a copy of this judgment. The petitioner will

produce a copy of this judgment along with copy of the writ

petition for compliance.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

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