K.Sivadasan Vs. Geologist

K.Sivadasan vs Geologist

Type Court Judgment Court Kerala Decided Jul 29, 2013

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https://sooperkanoon.com/case/1016727

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Citation: sooperkanoon.com/1016727
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Jul 29, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

K.Sivadasan

Respondent

Geologist

Excerpt

.....the respondents 2 to 4 conduct local inspection of the ext.p1 property and submit appropriate report regarding ext.p5 to the 1st respondent, as and when 1st respondent demand. iii. issue such other reliefs as this hon'ble court may think deem fit and award cost of this petition to the petitioner." 2. the learned counsel for the petitioner submits that, the delay in considering and passing appropriate orders on ext.p5 application preferred by the petitioner for removing red earth from the property having an extent of 38.63 cents comprised in survey no.146 a/27 part in re-survey no.38/1 of kavassery ii village belonging to the petitioner is sought to be w.p.(c)no.18794/2013 2 intercepted in this writ petition. it is stated that the petitioner has already made clear vide ext.p5 preferred before the first respondent that, the petitioner is ready to satisfy the requisite fees and royalty for removing red earth. the delay in considering the same is causing loss to the petitioner and hence the writ petition.3. the learned government pleader appearing for the respondents submits that, the course sought to be pursued by the petitioner has to be supported by an noc, except in cases where the total royalty payable is less than rs. 5,000/-. going by the contents of ext.p5, no such limited exercise is sought to be pursued by the petitioner and it has to be presumed that the petitioner wants to remove red earth from the entire property. if this be so, it is obligatory for the petitioner to obtain an noc from the competent authority.4. reserving the rights and liberties of the petitioner to move the competent authority to get the requisite noc and thereafter to move the first respondent for passing appropriate orders on ext.p5, this writ petition is disposed of. p.r.ramachandra menon judge sv. w.p.(c)no.18794/2013 3

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH DAY OF JULY 2013 7TH SRAVANA, 1935 WP(C).No. 18794 of 2013 (Y) ---------------------------- PETITIONERS : ----------- 1. K.SIVADASAN, AGED 5 YEARS S/O. KRISHNA NEZHUTHACHAN, MANJAPRA HOUSE, KALLEPPULLY, KAZHANI DESOM, KAZHANI.P.O., ALATHUR TALUK, PALAKKAD DISTRICT-678543.

2. N.SURESHKUMAR, AGED 3 YEARS S/O. NARAYANAN, NEELAMKULAM HOUSE, KALLEPPULLY KAZHANI DESOM, KAZHANI.P.O., ALATHUR TALUK PALAKKAD DISTRICT-678543. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS : ----------- 1. GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE NEAR COLLECTORATE, PALAKKAD-678001.

2. SUB-INSPECTOR OF POLICE ALATHUR POLICE STATION, ALATHUR.P.O., PALAKKAD-678541.

3. VILLAGE OFFICER, KAVASSERY II VILLAGE KAVASSERY.P.O., PIN-678543, PALAKKAD DISTRICT.

4. VILLAGE OFFICER THAROOR II VILLAGE, THAROOR P.O., PIN-678543 PALAKKAD DISTRICT. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SEI.K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 18794 of 2013 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1. COPY OF THE REGISTERED DOCUMENT NO. 593/2013 OF SRO, ALATHUR DATED 13 2-13. P2. COPY OF THE POSSESSION CERTIFICATE DATED 6 7-2013 ISSUED BY THE 3RD RESPONDENT. P3. COPY OF THE COLOR PHOTO OF THE PETITIONER'S PROPERTY. P4. COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 6 7-2013 TO THE PETITIONERS. P5. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT DATGED 9 7-2013. RESPONDENT(S)' EXHIBITS : NIL. ----------------------- //TRUE COPY// P.A. TO JUDGE BP P.R.RAMACHANDRA MENON, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(c) No.18794 OF 201.- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2013 JUDGMENT The petitioner has approached this Court with the following prayers : "i. Issue a writ of mandamus directing the 1st respondent to consider Ext.P5 application submitted by the petitioners' for getting sanction to remove the ordinary earth from the Ext.P1 property and pass orders on the same after hearing the petitioner within a time limit. ii. Issue a writ of mandamus directing the respondents 2 to 4 conduct local inspection of the Ext.P1 property and submit appropriate report regarding Ext.P5 to the 1st respondent, as and when 1st respondent demand. iii. Issue such other reliefs as this Hon'ble Court may think deem fit and award cost of this petition to the petitioner." 2. The learned counsel for the petitioner submits that, the delay in considering and passing appropriate orders on Ext.P5 application preferred by the petitioner for removing red earth from the property having an extent of 38.63 cents comprised in Survey No.146 A/27 part in Re-Survey No.38/1 of Kavassery II village belonging to the petitioner is sought to be W.P.(C)No.18794/2013 2 intercepted in this writ petition. It is stated that the petitioner has already made clear vide Ext.P5 preferred before the first respondent that, the petitioner is ready to satisfy the requisite fees and royalty for removing red earth. The delay in considering the same is causing loss to the petitioner and hence the writ petition.

3. The learned Government Pleader appearing for the respondents submits that, the course sought to be pursued by the petitioner has to be supported by an NOC, except in cases where the total royalty payable is less than Rs. 5,000/-. Going by the contents of Ext.P5, no such limited exercise is sought to be pursued by the petitioner and it has to be presumed that the petitioner wants to remove red earth from the entire property. If this be so, it is obligatory for the petitioner to obtain an NOC from the competent authority.

4. Reserving the rights and liberties of the petitioner to move the competent authority to get the requisite NOC and thereafter to move the first respondent for passing appropriate orders on Ext.P5, this writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE sv. W.P.(C)No.18794/2013 3

Same Court & Year Kerala · 2013 Same Parties K.Sivadasan vs Geologist Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.R.Ramachandra Menon