NAFEESA AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in this writ petition (civil) are as follows:-

(2.) Heard Sri. Enoch David Simon Joel, learned counsel appearing for the petitioners and Sri. K.P. Madhu, learned Government Pleader appearing for the respondents.

(3.) In this case, the petitioners seek issuance of possession certificate and other related documents which they intend to use for pursuing their proposed application for grant of quarrying permit from the Mining and Geology Department in respect of their lands which are covered by the exemption under Section 81 of the Kerala Land Reforms Act, 1964. The stand of the respondents is to the effect that quarrying is permissible in such lands and therefore it is permissible to grant possession certificate and other allied certificates/documents, in furtherance of their 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 of a Division Bench of this Court in W.A.No.612 of 2017 (arising out of W.P.(C)No.7365 of 2016). The said judgment reads as follows:-