KOMU MOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by Komu Moideen and others, the legal heirs of late Yusuf challenging the mining permit/lease issued to respondents 8 and 9 in respect of the land in Re-survey Nos.174/1-part and 186/1- part (Old Survey No.8) of Pulikkal Village in Malappuram District. The petitioners have no right or interest over the above land. According to the petitioners, the land above belonging to one Muhammedkutty who died in the year 2012. It is stated in the writ petition that the consent from Muhammedkutty was produced before the Director of Mining and Geology to obtain mining lease in respect of the land. These consents were obtained in the year 2016 and 2017. The petitioners also produced the death certificate. The said certificate would show that Muhammedkutty died in the year 2012.

(2.) The consent letters as above were attested by the Notary Public. It appears that originally acting upon the consent letters, the mining lease was granted. The Director, in fact, issued a prohibition based on the interim direction of this Court prohibiting mining in the land.

(3.) Pending writ petition, the eighth respondent produced the consent letter issued by the legal heirs of Muhammedkutty before the Director of Mining and Geology.