KAMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has approached this Court seeking that Ext.P9 representation preferred by him before the 3 rd respondent- Director of Mining and Geology be directed to be taken up and disposed of within a time frame.

(2.) As is evident from Ext.P9, the allegations of the petitioner therein are targeted against the 2nd respondent- Geologist and he complains that the said Authority has not permitted to remove ordinary earth from his property as per Ext.P4 Development Permit and therefore, that he has been unable to make construction thereon, as has been permitted by the 5th respondent-Secretary of Madavoor Grama Panchayat.

(3.) According to the petitioner, even though as per the Development Permit, the Engineer of the Grama Panchayat had permitted him to remove the earth to the extent of 6510 cubic metre, the Geologist did not consider his application for issuance of passes; and that he was thus constrained to approach this Court and to obtain Ext.P5 judgment, pursuant to which, the Geologist issued 40 passes, to enabling him to remove only 452 Metric Tonnes from the property. He says that, since this is completely insufficient to develop the land for the purpose of constructions, he was constrained to approach this Court again and to obtain Ext.P7 judgment, based on which, the Geologist then issued 142 passes permitting him to remove 1426 Metric Tonnes, but that he was unable to remove the full quantity within the time granted, which was only seven days between 10.08.2018 and 18.09.2018. He says that he was thus able to remove only 1221 Metric Tonnes and that the balance could not be removed on account of constraints of time. The petitioner asserts that as per the Development permit, the quantity of earth allowed to be removed by the Engineer of the Panchayat is 13020 Metric Tonnes, but that the Geologist has permitted only to remove a total of 1878 Metric Tonnes which is insufficient to ready the land for construction. He, therefore, submits that he was forced to make Ext.P9 representation before the Director of Mining and Geology and to seek necessary action against the Geologist.