MUHAMMADALI Vs. VILLAGE OFFICER

JUDGEMENT

(1.) The petitioner submitted Ext.P2 application to the 1st respondent Village Officer to issue nonassignment certificate, demarcation certificate and field measurement book in respect of his property comprised in Sy. No. 556/1-8 of Aloor Village for making application before the Geologist for extraction and transportation of ordinary earth, for use in the construction of the National Highway. The said application was rejected by the Village Officer by Ext.P3 communication stating that the Kandanassery Grama Panchayat has, vide Ext. P4, resolved not to grant permission for removal of earth from Ponmalakunnu area in Aloor village coming within the said Panchayat. The petitioner challenges Ext. P3 contending that the Village Officer lacks authority to reject the request for nonassignment certificate and demarcation certificate concerning his property based on the objection of the Panchayat, and it is for the Geologist to consider whether permission has to be granted for extraction of ordinary earth, at the appropriate stage.

(2.) Heard Sri. Irfan Ziraj, the learned counsel for the petitioner and Sri. Bimal K. Nath, the learned Senior Government Pleader.

(3.) The learned Senior Government Pleader contends that, since the certificates applied for in Ext. P2 are for the purpose of submitting application before the Geologist for extraction of ordinary earth, the Village Officer has rightly rejected Ext. P2 application based on the resolution passed by the Panchayat not to grant permission for removal of earth from certain areas within the Panchayat. Sri. Bimal further contends that, without the Kandanassery Grama Panchayat on the array of respondents, the writ petition is not maintainable.