Murali vs The Geologist, District Office of The Department of Mining and Geology, Palakkad-678001, The Agricultural Officer, Krishi Bhavan, Vadavanoor, Palakkad-678504, The Village Officer, Vadavanoor, Palakkad-678504 and Radhakrishnan

T.R. Ramachandran Nair, J.—The grievance of the petitioner is against Exhibit P7 communication issued by the Geologist directing the petitioner to produce No Objection Certificate from the concerned Grama Panchayat. The case of the petitioner in a nut shell is that he had entered into an agreement with the 4th respondent, who is the owner of certain items of properties described in paragraph No. 1 of the Writ Petition, to remove ordinary sand and minor minerals from a pond situated in the property, by digging the same so as to use the said pond for agricultural purposes. For the said purpose, he obtained a certificate from the Agricultural Officer as per Exhibit P3 and thereafter submitted an application before the Geologist. Exhibit P4 is a certificate issued by the President of the Paddy Produce Padasekhara Committee and Exhibit P5 is the certificate issued by the Village Officer concerned.

Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 4th respondent.

In Exhibit P7, one of the defects pointed out is that No Objection Certificate from the Grama Panchayat has not been produced. Certain minor defects pointed out therein, shown as items 2 and 3, according to the petitioner, have already been cured also.

The issue will have to be considered in the light of Exhibit P8, namely, a notification issued by the Government amending the Kerala Minor Mineral Concession Rules. Proviso to Rule (5) therein will show that in respect of works like digging of pond, etc. No Objection Certificate is not mandatory; but the application shall be accompanied by a certificate from the Agricultural Officer "or" local authority concerned, etc. Evidently, certificates from both these authorities are not required. In that view of the matter, the requirement of production of No Objection Certificate from the Grama Panchayat cannot be insisted and the application of the petitioner will have to be considered in the light of the certificates already produced, of the Agricultural Officer and the Village Officer. Exhibit P7 to the extent to which it insists for production of No Objection Certificate from the Grama Panchayat is therefore quashed. The application will be considered in the light of the documents already produced by the petitioner, without insisting for the No Objection Certificate from the Panchayat. Appropriate decision will be taken within a period of one month from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of as above.