LAWS(KER)-2018-7-815

LALITHA GEORGE Vs. DISTRICT COLLECTOR, KOZHIKODE AND OTHERS

Decided On July 25, 2018
Lalitha George Appellant
V/S
District Collector, Kozhikode And Others Respondents

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri. T.M. Abdul Latiff, learned counsel for the petitioner, Sri. M.L. Sajeev, learned Special Government Pleader (Revenue) appearing for official respondents 1 to 3 (Revenue Officials) and Sri. K.P. Madhu, learned Government Pleader appearing for the 4th respondent (Department of Mining and Geology).

(3.) In this case, the petitioner essentially seeks direction in the matter of issuance of possession certificate and other allied documents, which he intends to use for pursuing his proposed application for grant of quarrying permit from the Mining and Geology Department in respect of the land in question, which is covered by the exemption granted under Section 81(1)(e) of the Kerala Land Reforms Act, 1963. The stand of the official respondents is to the effect that quarrying is permissible in those lands and therefore it is permissible to issue possession certificate and other allied documents in furtherance of the petitioner's proposed application for grant of quarrying permit. The matter in issue is no longer res integra and is covered by the judgment dated 4.4.2017 rendered by the Division Bench of this Court in W.A.No.612/2017 [arising out of W.P.(C).No.7365/2016] and connected case. The said judgment of the Division Bench in W.A.No. 612/2017 and connected case reads as follows: