POULOSE Vs. THE DISTRICT GEOLOGIST

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Basic material facts for the disposal of the writ petition is as follows:

(3.) Petitioner is the owner in possession of a parcel of land situate in Sy.Nos.230/4, 240/1, 237/3 pt., 238/2pt., 240/1pt. And 240/s pt. of Mannamangalam Village, Thrissur Taluk. Petitioner sought permission to cultivate fish in 20 cents of the property. Since for digging of pond, no permission is required, the petitioner approached the 1st respondent and sought to issue necessary passes for transportation of clay which is being excavated from the property. However, the 1st respondent made further enquiries on the basis of a direction rendered by the Division Bench of this court, evident from Ext.P4. The enquiries made by the 2 nd and 3rd respondents made it clear that the properties would not come near to the Manali river. In fact, excavation of clay is prohibited from the areas adjacent to Manali river. However, without properly understanding the implication of the Division Bench judgment and without providing an opportunity of hearing to the petitioner, 1st respondent has rejected the application through Ext.P8. It is thus challenging Ext.P8 and seeking other consequential reliefs, this writ petition is filed.