K.G. UDAYA KUMAR Vs. DISTRICT COLLECTOR,

JUDGEMENT

(1.) PETITIONER has been issued a permit for mining ordinary sand which is stated to be valid till 24.5.2011. In this writ petition his grievance is against Ext.P4, an order passed by the District Collector, prohibiting mining of sand in the villages mentioned in the order which includes the area which includes the area covered by the permit also.

(2.) AS far as the power of the District Collector to issue the order is concerned, this Court has already held in Gokuldas v. Geologist : 2009 (3) KLT 924 that the District Collector has the power. Therefore, that contention of the Petitioner that the order suffers from lack of jurisdiction will have to be negatived.

(3.) HOWEVER , the learned Government Pleader points out that in view of various complaints that were received against the illegal sand ming, the District Collector had to issue Ext.P4 order. Learned Government Pleader further submits that the District Collector has called for reports from the Tahsildar, Village Officer, and Geologist and that on receipt of the reports, the District Collector will reconsider the matter in the light of the reports.