JAMES VARGHESE Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner claims to be the owner in possession and enjoyment of 2.39 acres of land comprised in Sy.No.425/1-2 of Palakuzha Village of the Moovattupuzha Taluk, as per Ext.P1 document. He has produced on record the possession certificate and tax receipt with respect to the property as Exts.P2 and P3 respectively. The petitioner claims that he has been conducting quarrying operations in his property since 2009 and that he was earlier given a licence by the Panchayath for such purpose, which was valid till 2013. According to him, he was unable to renew the licence thereafter, on account of certain litigations launched by other persons against him, which he says has now ended in his favour. He further says that he was granted a permit for quarrying by the Mining and Geology Department, which was valid till 2015 and that he has obtained a valid licence from the Petroleum and Explosives Safety Organisation, a copy of which is placed on record as Ext.P6, as also the necessary consent from the Kerala State Pollution Control Board, a copy of which is available as Ext.P5 on record.

(2.) The petitioner says that on the strength of all these permissions and consents, he has applied for a licence from the Panchayath for the next calender year, for which purpose, he has been asked to submit a sketch of the land to the Environmental Department for getting clearance from them. He says that he had, for this purpose, made an application to the Tahsildar, the 4th respondent herein, requesting him to afford him a sketch of the land, with respect to Sy.No.425-1-2. The petitioner submits that he was, however, asked to approach the Director of Survey, the 2nd respondent herein, and that he had submitted an application before the said Authority, which however was rejected, saying that the litho-map of the land in Sy.No.425/1-2 is not available. A copy of this order has been appended to the writ petition as per Ext.P7. The petitioner thereafter, says that he approached the District Collector, Ernakulam for issuance of a survey plan and that consequent to it, the District Collector called for a report from the Village Officer, Palakuzha, regarding the status of the property, which led to such a report being filed by the said Officer, a copy of which has been placed on record as per Ext.P8.

(3.) The petitioner on the above narration of facts claims that, he is in possession of the sketch of the land in Sy.No.425/1-2, issued by the 4th respondent, but asserts that he requires a litho-map from the Survey Department to produce it before the Panchayath office. The alleged copies of the sketches available with him has been shown on record as Ext.P9.