Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE5H DAY OF NOVEMBER201414TH KARTHIKA, 1936 WP(C).No. 21325 of 2010 (M) ---------------------------- PETITIONER(S): ------------- K.K.AJITHKUMAR, S/O. KUMARAN, AGED42 KARAYIL THEKKOOTT HOUSE, P.O. EDAMUTTAM, THRISSUR. BY ADV. SRI.P.K.SAJEEV. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THRISSUR.
2. DESAMANGALAM GRAMA PANCHAYAT, REPRESNTED BY ITS SECRETARY, DESAMANGALAM, THRISSUR.
3. THE TAHSILDAR, TALUK OFFICE, CHAVAKKAD, THRISSUR.
4. VALLATHOLE NAGAR PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALLATHOLE NAGAR, THRISSUR.
5. THE DISTRICT EXPERT COMMITTEE, THRISSUR DISTRICT, REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, THRISSUR. R4 BY ADV. SRI.G.SREEKUMAR (CHELUR) R4 BY ADV. SRI.K.RAVI (PARIYARATH) R2 BY ADV. SRI.P.C.SASIDHARAN BY GOVERNMENT PLEADER SMT.ANITHA RAVEENDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0511-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RVS. WP(C).No. 21325 of 2010 (M) APPENDIX PETITIONER(S)' EXHIBITS : ------------------------ EXHIBIT P1: TRUE COPY OF THE PASS WITH TOKEN NO.37331 DATED0901/2009 ISSUED TO THE PETITIONER BY THE3D RESPONDENT. EXHIBIT P2: TRUE COPY OF THE PASS WITH TOKEN NO.37332, DATED0901/2009 ISSUED TO THE PETITIONER BY THE3D RESPONDENT. EXHIBIT P3: TRUE COPY OF THE PASS WITH TOKEN NO.37333, DATED0901/2009 ISSUED TO THE PETITIONER BY THE3D RESPONDENT. EXHIBIT P4: TRUE COPY OF THE PASS WITH TOKEN NO.37334, DATED0901/2009 ISSUED TO THE PETITIONER BY THE3D RESPONDENT. EXHIBIT P5: TRUE COPY OF THE PASS WITH TOKEN NO.37335, DATED0901/2009 ISSUED TO THE PETITIONER BY THE3D RESPONDENT. EXHIBIT P6: TRUE COPY OF THE RECEIPT ISSUED FROM THE3D RESPONDENT'S OFFICE DATED NIL. EXHIBIT P7: TRUE COPY OF THE REPRESENTATION DATED0211/2009 GIVEN BY THE PETITIONER TO THE1T RESPONENT. EXHIBIT P8: TRUE COPY OF THE LETTER NO.B9-47435/2009 DATED0802/2010 ISSUED BY THE THE1T RESPONDENT. RESPONDENT(S)' EXHIBITS : ----------------------- NIL. /TRUE COPY/ P.A.TO JUDGE RVS. A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = WP(C).No.21325 of 2010-M. = = = = = = = = = = = = = Dated this the 5th day of November, 2014.
JUDGMENT
The petitioner paid Rs.12,600/- towards the cost of 48 tones of sand before the Tahsildar, Chavakkad. Pursuant to this, the 3rd respondent issued six passes to the petitioner for mining river sand from Pallam Kadavu within the limit of 4th respondent Panchayat. The petitioner has taken one load of sand by using one pass. Thereafter petitioner could not lift the remaining quantity of the sand on account of certain intervening factors. Now the period of removing sand is over. The petitioner was not permitted to remove the sand by the 4th respondent stating that the 2nd has revalidated the pass not by the 3rd respondent and this has to be revalidated by the 4th respondent Panchayat. The petitioner narrating these facts highlighted his grievance before the District Collector. On account of non consideration of this, the petitioner has approached this WP(C).No.21325/2010-M. 2 Court. If the petitioner has not removed the entire tones of sand as permitted in Ext.P6, after deducting the amount towards the cost of sand lifted by him, the remaining amount shall be paid to the petitioner. Therefore the 3rd respondent shall take a decision in the matter adverting to the facts. The petitioner shall also return the pass issued to him before the 3rd respondent. If the 3rd respondent satisfies that the petitioner has not lifted the entire quantity of sand, proportionate amount shall be returned to the petitioner within a period of two months from the date of receipt of this judgment. The writ petition is disposed of as above. A.MUHAMED MUSTAQUE, (Judge) Kvs/-