High Court of KeralaWP(C)/29770/2015disposed of

P.Aashim v. Geologist

2015-10-01Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 29770 of 2015 (U) ---------------------------- PETITIONER(S):

-------------------------- P. AASHIM, S/O. IBRAHIM. K.P., AGED 66 YEARS, CHEKKINTAKATHU PUTHIYA PURAYIL, MAHATMA GANDHI ROAD, KOZHIKODE DISTRICT.

BY ADVS.SRI.KRISHNA PRASAD. S., SRI.NOBEL RAJU.

RESPONDENT(S):

----------------------------

1. GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, MEENANGADI, WAYANAD DISTRICT-673 591.

2. THE VILLAGE OFFICER, KANIYAMBETTA VILLAGE, WAYANAD DISTRICT-673 124.

3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING & GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001. BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 29770 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE TAX RECEIPT REGARDING THE PROPERTIES OF THE PETITIONER DATED 27/11/2014.

EXT.P2 COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR, VYTHIRY BEFORE THE DISTRICT COLLECTOR, WAYANAD DATED 18/01/2012. EXT.P3 COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER, KANIYAMBETTA BEFORE THE DISTRICT COLLECTOR, WAYANAD DATED 26/09/2013.

EXT.P4 COPY OF THE REPORT SUBMITTED BY THE 1ST RESPONDENT BEFORE THE DISTRICT COLLECTOR, WAYANAD DATED 21/08/2013. EXT.P5 COPY OF THE NO OBJECTION CERTIFICATE DATED 23/11/2013 ISSUED BY THE DISTRICT COLLECTOR, WAYANAD.

EXT.P6 COPY OF THE APPLICATION DATED 23/01/2015, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P7 COPY OF THE COMMUNICATION DATED 07/09/2015 RECEIVED FROM THE KANIYAMBETTA PANCHAYAT.

EXT.P8 COPY OF THE CIRCULAR/GUIDELINES BEARING NUMBER 896/M3/2015 DATED 09/03/2015 ISSUED BY THE DIRECTORATE OF MINING AND GEOLOGY.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.29770 of 2015 ****************************************************************************** Dated this the 1st day of October, 2015

JUDGMENT

The petitioner approached the first respondent by Ext.P6 application for permitting the petitioner to remit the royalty amount for excavation and removal of the sand from the property of the petitioner and also for issuance of OA forms to transport the sand. This Court is of the view, Ext.P6 shall be considered by the first respondent within three weeks from the date of receipt of a copy of this judgment in accordance with the relevant regulations and guidelines.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln