CHERIYAKUNHIRAMAN Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has approached this Court challenging the order passed by the District Collector - Ext. P13, by which his request for a permit under the Mines and Minerals (Development and Regulation) Act, 1957, for removing sand from his own property having an extent of 27 cents of agricultural land in Resurvey No. 348/3 of Noolpuzha Village in Sulthan Bathery Taluk, has been rejected, on the ground that once he violated the conditions of the permit by removing sand from poramboke land adjacent to his land and remitted fine and also saying that there is a possibility of removing sand illegally under the guise of permit.

(2.) The petitioner had submitted an application for permit initially in the year 2009 which was recommended by the Tahsildar as well as the Agricultural Officer. He had approached this Court earlier in two Writ Petitions when the permit was not granted despite recommendations. This Court had, by Ext. P10 judgment dated 3.11.2011 in Writ Petition No. 29221 of 2011, directed the consideration of his application within a period of six months. But on the very same day, his application was rejected as per Ext. P11, apparently without taking note of his contentions. Thereafter in Writ Petition No. 30822 of 2011, this Court by Ext. P12 judgment dated 15.11.2011 directed the District Collector, Wayanad to consider his application in the light of the recommendation Ext. P9, made by the Additional Tahsildar on 20.10.2011, in which it was stated that even though the petitioner had unauthorisedly removed sand, fine levied was remitted by him and his request for further permit can be favourably considered. Even though the petitioner had furnished a bank guarantee for a sum of Rs. 54,100/- as early as on 30.03.2010, as can be seen from Ext. P14, the permit has not been granted and his application was rejected by Ext. P13, which is impugned in this Writ Petition.

(3.) The reason for rejection is stated to be the likelihood of mining of sand illegally from adjacent properties including poramboke land.