MATHEW DANIEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner who has submitted application seeking No Objection Certificate for quarrying lease in Government land situated in Survey No.341/6 in Block No.30 of Koodal Village in Pathanamthitta District, seeking to quash Ext.P8 No Objection Certificate issued by the State Government to the 9th respondent, i.e., M/s. Adani Vizhinjam Port Private Ltd., which has undertaken the work of Vizhinjam Port Project, one of the prestigious projects of the State Government, and for other related and consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Pursuant to Ext.P1 application submitted by the petitioner dated 27.09.2017, reports were sought for from the revenue authorities, and they have submitted Exts.P2, P3, P5 and P6 reports recommending that the application can be considered. Thereupon, petitioner has entered into Ext.P4 agreement with a third person for providing access to vehicles to the property in question. It is also pointed out that, petitioner had to spend huge amounts for carrying out measurement etc. etc. in order to facilitate the quarrying operations.

(3.) The prime case advanced by the petitioner is that, the application of the petitioner is the first in point of time, however, the District Collector, Pathanamthitta has issued Ext.P8 No Objection Certificate (NOC) to the 9th respondent, without any justifiable reasons and also without affording an opportunity of hearing to the petitioner. These are the basic background facts put forth by the petitioner to secure the reliefs as are sought for in the writ petition.