VIPIN DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed with the following prayers:-

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

(3.) It is submitted by the learned counsel for the petitioner that the petitioner had submitted an application for conducting a fish farm in 2.55 Acres of land in Survey Nos.47, 67/2, 70/2, 71/1, 53/2 and 53/4 of Porathissery village, Mukundapuram taluk, Thrissur district. By Exhibit P1, the Revenue Divisional Officer had permitted the conduct of the fish farming on certain conditions. It is submitted that preparations were started for fish farming in the property, which had earlier been used for extraction of mud for brick making. It is submitted that the extracted clay, which was accumulated in the property, was creating a hurdle for the fish farming and the petitioner submitted an application for NOC before the RDO for removal of the clay so extracted. By Exhibit P2 order dtd. 29/1/2021, the RDO granted permission and by Exhibit P5 order dtd. 10/1/2022, the petitioner's application for removal of clay was allowed by the Government. It is submitted that even thereafter, no steps were taken to issue transit passes for the petitioner to remove the clay from the property and the petitioner had submitted representations , which remained unanswered,which led to the filing of the writ petition.