Prasannan Thomas vs The District Collector on 21 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 69 of 2010(G)


1. PRASANNAN THOMAS,AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, COLLECTORATE,
                       ...       Respondent

2. THE GEOLOGIST, MINING & GEOLOGY

                For Petitioner  :SRI.JOBI JOSE KONDODY

                For Respondent  : No Appearance

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

 Dated :21/01/2010

 O R D E R
              T.R.RAMACHANDRAN NAIR, J
                ==================
                    W.P(C) No. 69 of 2010
                ==================
           Dated this the 11th day of January, 2010

                       J U D G M E N T

The petitioner herein is an applicant for a quarry

permit for mining sand from the property comprised in

Survey No.15/8 (T.P.No.16025) of Karunapuram Village in

Udumpunchola Taluk of Idukki District, under the Kerala

Mining Construction Rules 1967. The Ext.P2 is the copy of

the application which is filed before the 1st respondent

dated 3/8/2009.

2. Based on the communication issued by the first

respondent, the Tahsildar of Udumpunchola village has

forwarded the application to the Village Officer,

Udumpunchola. The same is evidenced by Ext.P3. After

visiting the site, the Village Officer prepared a sketch and

plan which is produced as Ext.P4. The possession

certificate issued by the Village Officer produced as Ext P5.

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It is submitted by the petitioner that the Tahsildar and

Village Officer has already forwarded the report to the

District Collector recommending the application.

Therefore, after the District Collector from the Geologist

through the Tahsildar and the …………………….. has

forwarded Ext.P8 report already. Further, Ext.P9 a

communication was issued from the Office of District

Collector to the Deputy Collector, Udumpunchola village

seeking for further report in the matter. The petitioner

contends that the same is unnecessary in the light of the

reports already furnished. It is also in the case of the

petitioner, showing such ………………..in the Tahsildar,

Udumpunchola village.

3. Heard the learned Government Pleader for the

respondents. In the light of the materials produced by the

petitioner, there will be a direction to the first respondent

to take a decision with regard to the no objection

certificate, as requested in Ext.P2, within a period of one

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month from the today. The petitioner to produce a copy of

writ petition along with a copy of ………………………………. for

completion.

T.R.RAMACHANDRAN NAIR
JUDGE

nl

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T.R.RAMACHANDRAN NAIR
JUDGE
rhs