N.SUJATHA Vs. GEOLOGIST

JUDGEMENT

(1.) THE Writ Petition is filed by the petitioner, who wants to cultivate her property after removing top soil. The petitioner is holding two items of properties, namely 38.60 and 26.90 Ares of landed property in Vallachira Village, which according to the petitioner is lying as a barren land. The property could not be used for cultivation for the last seven years due to the contents of acetic sand instead of mud in the upper layer of the property. The petitioner therefore approached various authorities and by Exhibit P1 the Agricultural Officer, after conducting a soil testing reported that upper layer soil of the property has to be washed and removed and she was advised to use proper manure also. In fact she has been approaching various authorities thereafter to get permission and finally by Exhibit P5, the Revenue Divisional Officer granted permission for removal of top soil on certain conditions. Condition No.1 therein is that the petitioner may have to pay royalty and to get permission for the removal of top soil and sand and the same should be under the supervision of the Local Level Monitoring Committee. It is also specified that the she will remove only the top soil for enabling cultivation and other activities. The petitioner thereafter approached the Geologist for issuance of a pass, who by Exhibit P7 directed the petitioner to obtain NOC from the District Collector. Thereafter the petitioner approached this Court by filing W.P.(C) No.15558/12, which was disposed of by Exhibit P8 judgment wherein the District Collector was directed to consider the matter and pass appropriate orders with regard to the grant of NOC.

(2.) FINALLY by Exhibit P9, the District Collector has issued NOC on certain conditions. Condition No.2 therein states that the petitioner will not mine ordinary sand from the property.

(3.) THE learned Government Pleader on getting instructions submitted that in the Village in question, mining of sand is prohibited now and it is in that context, condition No.2 has been imposed.