THOMAS SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition(Civil) are as follows:

(2.) Heard Sri. T.G. Rajendran, the learned counsel appearing for the petitioners and Sri. K.J. Mohammed Anzar, the learned Special Government Pleader (Revenue) appearing for the respondents.

(3.) In this case, the petitioners essentially seek directions in the matter of issuance of revenue certificates like possession certificate, location sketch, site plan, demarcation certificate etc. which they intend to use for pursing their proposed application for grant of quarrying permit from the Mining and Geology Department in respect of the subject property in question, which stated to have been granted the benefit for exemption being plantation land, as envisaged under Section 81(1)(e) of the Kerala Reforms Act, 1963. The stand of the official respondents is to the effect that quarrying activities are not permissible in such plantation lands, exempted lands can be used only for present exempted purpose and that quarrying activity is not an exempted purpose and therefore it is impermissible to issue possession certificate and other allied revenue certificates in furtherance of the petitioners' proposed application for grant of quarrying permit. The matter in issue is no longer res integra and it is covered by a series of cases as can be seen in Ext.P-5 judgment dated 05.04.2018 in W.P.(C)7732 of 2018, Ext.P-6 judgment dated 05.07.2018 in W.P.(C) No.20855 of 2018 which in turn are on the basis of the directions and orders issued by the Division Bench in Ext.P-7 judgment dated 04.04.2017 in W.A. No.564 of 2017 and connected appeal. Ext.P-7 common judgment dated 04.04.2017 of the Division Bench in W.A. Nos.564 and 612 of 2017 reads as follows: