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2013 DIGILAW 986 (KER)

Paul Thomas v. District Collector, Ernakulam

2013-11-15

P.R.RAMACHANDRA MENON

body2013
Judgment : 1. The petitioner has approached this Court with the following prayers : "1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to receive, consider and dispose Ext.P3 application submitted by the petitioner for no objection certificate after hearing the petitioner within a reasonable period which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case. 2. Direct the first respondent to issue a no objection certificate to the petitioner to level the land and to remove excess earth. 3. Direct the second respondent to issue permit to level the land and remove excess earth from the property and issue sufficient P forms as provided under the Kerala Minor Mineral Concession Rules, 1967. 4. Issue such other writ or orders or directions, which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case." 2. The petitioner is stated as the owner of 10.12 Ares of land comprised in the concerned survey number of Aikkaranadu South village. The property came to the hands of the petitioner by virtue of Ext.P2 settlement deed. Ever since the execution of the same, the petitioner is enjoying the same with absolute ownership, possession and title. The petitioner is also remitting tax as borne by Ext.P1. It is stated that Ext.P3 application filed by the petitioner for issuing NOC to level the land and to remove excess earth is pending consideration before the first respondent. The prayer is to cause the same to be considered and disposed of within a reasonable time. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the writ petition is disposed of, directing the first respondent to consider Ext.P3 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps.