SILA BRICKS AND GRANITES Vs. STATE OF KERALA

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: On the directions of the Sub Collector, the Tahsildar has initiated proceedings to cancel the assignment of lands now under the possession of the petitioner. Assignment is sought to be cancelled on the ground that lands were used for a purpose for which it was not assigned. The Sub Collector has by Ext.P4 directed the Tahsildar to cancel the assignment of lands under the possession of the petitioner. The Tahsildar has himself by Ext.P6 stated that at the conclusion of proceedings, assignment will be cancelled. Thus the continuation of proceedings before the Tahsildar is meaningless. On the basis of the directions issued by the Sub Collector to the Geologist vide Ext.P4 and P13, the latter vide Ext.P18 has rejected the application for renewal of depot registration and dealers licence, solely on the ground that proceedings for cancellation of assignment is pending. It is in the light of these averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers:

(2.) Heard Sri.George Poonthottam, learned Senior Counsel instructed by Sri.N.Anand, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

(3.) After hearing both sides, it is seen that the impugned proceedings for cancellation of the land assignment grant has not been finalized in the manner known to law, which crucial aspect is disclosed by Ext.P-6 letter dated 05.05.2020 issued by the 4th respondent-Tahsildar. Ext.P-6 letter dated 05.05.2020 issued by the 4th respondent-Tahsildar reads as follows: