AJITHA JOSHY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Instant writ appeal is filed challenging the judgment in W. P. (C) No. 18137 of 2020 dated 15.09.2020, whereby a learned Single Judge of this Court dismissed the writ petition holding that the decision of the District Collector, respondent No.3, to withhold the application preferred by the petitioner for grant of No Objection Certificate (NOC) until guidelines are formulated by the Government, cannot be said to be illegal in any manner.

(2.) Facts leading to the filing of instant appeal are that appellant/writ petitioner is the absolute owner and in possession of the property covered by Exhibit-P1 title deed. On the eastern boundary of the said property, there is a Government puramboke land. She, therefore, submitted Exhibit-P2 application dated 25.01.2019 before the District Collector, Thrissur, respondent No.3, for issuance of NOC to conduct quarrying operations in the Government puramboke land, for which, Exhibit-P3 receipt was issued. On the basis of Exhibit-P6 communication of the Principal Secretary, Department of Revenue, Thiruvananthapuram, dated 18.01.2020, and further intimation of the 2nd respondent, the District Collector, has rejected the application of the appellant stating that grant of NOC for quarrying could be considered only after preparing the guidelines for issuance of NOC and after getting approval. It is the case of the appellant that her application dated 25.01.2019 was rejected on the basis of a Government order issued on 12.12.2019 and that the rules applicable at that point of time ought to have been followed in her case. Appellant has also contended that her application is submitted prior to the said Government Order.

(3.) Based on the above pleadings, appellant has filed the writ petition for the following reliefs:-