MATHEW P.T. Vs. DISTRICT COLLECTOR, KOTTAYAM

JUDGEMENT

(1.) The above writ petition is filed with the following prayers :

(2.) The petitioner is the owner in possession of 8 Acres of land in Re-survey No.225 in Block No. 72 in Poonjar Thekkekara Village. According to the petitioner, he is cultivating various agricultural crops in the property. It is the case of the petitioner that due to acute scarcity of water, especially during the summertime, the petitioner is not able to do his agricultural operations on his land. Under such circumstances, the petitioner decided to dig a pond in his property to enable the petitioner to collect and store water in the pond. Since the area is comprised of granite, the petitioner can dig the pond only after removing a portion of the granite. For the same, the petitioner applied to the authority concerned for getting NOC as contemplated under Rule 104 of the Kerala Minor Mineral Concession Rules, 2015 (for short Rules, 2015). It is the case of the petitioner that without considering the purpose and intent of the said rule, the respondents rejected the petitioner's application seeking NOC under Rule 104 of the Rules, 2015 in an arbitrary and mechanical manner. Hence, this writ petition is filed.

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader.