K.G. Udaya Kumar vs District Collector, Revenue Divisional Officer, Senior Geologist and Tahsildar

Antony Dominic, J.—Petitioner has been issued a permit for mining ordinary sand which is stated to be valid till 24.5.2011. In this writ petition his grievance is against Ext.P4, an order passed by the District Collector, prohibiting mining of sand in the villages mentioned in the order which includes the area which includes the area covered by the permit also.

As far as the power of the District Collector to issue the order is concerned, this Court has already held in Gokuldas Vs. Geologist, that the District Collector has the power. Therefore, that contention of the Petitioner that the order suffers from lack of jurisdiction will have to be negatived.

However, as rightly pointed out by the learned Counsel for the Petitioner, the District Collector ''s power to issue an order in the nature of Ext.P4 is only to issue time bound orders and orders for indefinite periods cannot be issued. Ext.P4 can be seen to be for an indefinite period and in that view order to be reviewed.

However, the learned Government Pleader points out that in view of various complaints that were received against the illegal sand ming, the District Collector had to issue Ext.P4 order. Learned Government Pleader further submits that the District Collector has called for reports from the Tahsildar, Village Officer, and Geologist and that on receipt of the reports, the Distrct Collector will reconsider the matter in the light of the reports.

In the judgment noticed above, this Court has clarified that the District Collector has power only to issue time bound orders. Therefore, necessarily the District Collector will have to review the orders periodically and if necessary, fresh orders should be passed extending the period of the orders already issued.

Now that the District Collector is awaiting reports of the Tahsildar, Village Officer and Geologist to consider the issue raised in Ext.P4, I direct that on production of a copy of this judgment along with a copy of the writ petition, the District Collector will expedite the matter. It is directed that once reports are received, the District Collector will reconsider Ext.P4 and pass fresh orders in the matter either lifting the ban or extending the same for further specified periods depending upon the exigencies that may arise. This shall be done at any rate, within six weeks of production of a copy of this judgment.

Petitioner to produce a copy of this judgment along with a copy of the writ petition before the District Collector for compliance.