Nabeesa Vs. the District Collector

Nabeesa vs The District Collector

Type Court Judgment Court Kerala Decided Aug 01, 2013

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https://sooperkanoon.com/case/1021308

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Citation: sooperkanoon.com/1021308
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Aug 01, 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

Nabeesa

Respondent

The District Collector

Excerpt

.....view of the divergent views and stands taken by the district collector and the district geologist, in respect of ext. p3 application preferred the petitioner seeking for 'no-objection certificate' for removing red earth from the property of the petitioner.2. the learned counsel for the petitioner submits that in an exactly similar matter, this court directed the district collector concerned to consider applications preferred by the petitioners for granting noc and to pass orders in accordance with law, leaving the question as to the power and competence of the district collector to have delegated the power to issue 'noc' under the kerala minor mineral concession (kmmc) rules open, vide ext. p4 judgment dated 9th january, 2013 passed in w.p.(c) no. 544 of 2013 and connected cases.3. considering the facts and circumstances this court finds that similar course can be pursued in this case as well. accordingly, the w.p.(c) no. 19123 of 2013 :2. : writ petition is disposed of, directing the first respondent to consider and pass appropriate orders on ext. p3 application preferred by the petitioner for granting noc in accordance with law, at the earliest, at any rate, within four weeks from the date of receipt of a copy of this judgment. the question as to the power and competence of the district collector to have delegated the power to issue 'noc' under the kmmc rules is left open. sd/- p. r. ramachandra menon, (judge) kmd

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 1ST DAY OF AUGUST 2013 10TH SRAVANA, 1935 WP(C).No.19123 of 2013 (M) ---------------------------- PETITIONER: ---------- NABEESA, AGED 4 YEARS, W/O. BAPPU AND DAUGHTER OF KUNJEETHU, RESIDING AT PUNCHAYIL VALAPPIL HOUSE, PERINGODE POST, THRITHALA DESOM, NAGALASSERY VILLAGE, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ----------- 1. THE DISTRICT COLLECTOR, PALAKKAD, CIVIL STATION, PALAKKAD, PIN-679 534.

2. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, PALAKKAD, PIN-679 534. BY SENIOR GOVERNMENT PLEADER, SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19123 of 2013 (M) APPENDIX PETITIONER'S EXHIBITS: --------------------- EXHIBIT P1 : TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF PETITIONER DATED 25 1-2013 ISSUED BY THE VILLAGE OFFICER, NAGALASSERY VILLAGE. EXHIBIT P2 : TRUE COPY OF THE SETTLEMENT DEED DATED 21 11-1994 NO. 3593/1994 OF NAGALASSERY SUB REGISTRAR OFFICE. EXHIBIT P3 : TRUE COPY OF THE APPLICATION DATED 2 4-2013 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P4 : TRUE COPY OF THE DIRECTION OF THE SECOND RESPONDENT DATED 17 04-2013. EXHIBIT P5 : TRUE COPY OF THE REPORT OF TAHSILDAR,OTTAPALAM DATED 20 04-2013 TO THE FIRST RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 09 01-2013 IN WPC NO.559 OF 2013.RESPONDENTS' EXHIBITS:NIL. --------------------- /TRUE COPY/ P.A.TO JUDGE. ln P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 19123 of 2013 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 1st day of August, 2013 JUDGMENT The petitioner is aggrieved of the course and proceedings being pursued by the respondents, particularly, in view of the divergent views and stands taken by the District Collector and the District Geologist, in respect of Ext. P3 application preferred the petitioner seeking for 'No-Objection Certificate' for removing red earth from the property of the petitioner.

2. The learned counsel for the petitioner submits that in an exactly similar matter, this Court directed the District Collector concerned to consider applications preferred by the petitioners for granting NOC and to pass orders in accordance with law, leaving the question as to the power and competence of the District Collector to have delegated the power to issue 'NOC' under the Kerala Minor Mineral Concession (KMMC) Rules open, vide Ext. P4 judgment dated 9th January, 2013 passed in W.P.(C) No. 544 of 2013 and connected cases.

3. Considering the facts and circumstances this Court finds that similar course can be pursued in this case as well. Accordingly, the W.P.(C) No. 19123 of 2013 :

2. : writ petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P3 application preferred by the petitioner for granting NOC in accordance with law, at the earliest, at any rate, within four weeks from the date of receipt of a copy of this judgment. The question as to the power and competence of the District Collector to have delegated the power to issue 'NOC' under the KMMC Rules is left open. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd

Same Court & Year Kerala · 2013 Same Parties Nabeesa vs The District Collector Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.R.Ramachandra Menon