High CourtsSingle Bench(2010) 12 KL CK 0172

Shaji Joseph vs District Collector, Revenue Divisional Officer, Senior Geologist and Tahsildar

High Court Of Kerala · Decided on 9 December 2010

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
Writ Petition (C) No. 31740 of 2010 (N)

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Judgment

7 paragraphs · 256 words

Antony Dominic, J.—Petitioner claims to be a resident of Vellur village of Vaikom Taluk. The prayers sought in the writ petition are the following:

(i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to fill the pits left unfilled in Vaikom Taluk using the bank guarantee obtained under Rule 5(6) of the Minor Mineral Concessions Rules.

(ii) to issue writ of mandamus or any other appropriate writ, orders or direction directing the Respondents not to issue new/renew sand mining permit without filling the existing pits created by sand extraction.

2.

According to the Petitioner, he has already moved the District Collector in this behalf by filing Ext. P2 dated 26-11-2000. It is the complaint that there has not been any response to the representation either.

3.

Additional Respondents who got themselves impleaded contend that this litigation is a motivated one and according to them, they are persons who are carrying on sand mining activities based on permits which have been obtained. I do not think that any legitimate activity that is carried on by the party Respondents or anybody else, will in any way be affected if the District Collector is ordered to examine the grievances of the Petitioner.

4.

Therefore, without expressing anything on the merits of the allegations raised by the Petitioner, I direct the District Collector to examine Ext. P2 complaint made by the Petitioner and pass appropriate orders, if the grievances are found to be genuine.

Writ petition is disposed of as above.