Kerala High Court
Ittoop George @ George C vs The District Geologist on 21 March, 2019
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY ,THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940
WP(C).No. 4551 of 2019
PETITIONER:
1 ITTOOP GEORGE @ GEORGE C
AGED 57 YEARS
S/O.ITTOOP, CHITTUPARAMBAN HOUSE, NEELESWARAM P.O.,
ALUA TALUK, ERNAKULAM DISTRICT - 683 574.
2 DAISY
AGED 55 YEARS
W/O.ITTOOP GEORGE, CHITTUPARAMBAN HOUSE, NEELESWARAM
P.O., ALUVA TALUK, ERNAKULAM DISTRICT - 683 574.
3 GIBIN GEORGE
AGED 23 YEARS
S/O.ITTOOP GEORGE, CHITTUPARAMBAN HOUSE, NEELESWARAM
P.O., ALUVA TALUK, ERNAKULAM DISTRICT - 683 574. (MOB
9744000725).
BY ADVS.
SRI.JOHNSON MANAYANI
SRI.BENHUR JOSEPH MANAYANI
SRI.JEEVAN MATHEW MANAYANI
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT - 682 030.
2 THA TAHSILDAR, ALUVA TALUK,
ALUVA P.O., ERNAKULAM DISTRICT - 683 574.
3 THE VILLAGE OFFICER, MALAYATTUR VILLAGE,
MALAYATTUR P.O., ERNAKULAM DISTRICT - 683 574.
4 SECRETARY TO REVENUE,
REVENUE DEPARTMENT, SECRETARIATE, TRIVANDRUM - 695
001.
5 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.
6 STATE OF KERALA
WP(C).No. 4551 of 2019
2
REP. BY ITS CHIEF SECRETARY, SECRETARIATE,
TRIVANDRUM - 695 001.
PM MANOJ GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4551 of 2019
3
JUDGMENT
The petitioner approached the Secretary to Revenue Department with Ext.P6 to relax patta conditions. It appears that the petitioner wants to operate quarry in the land covered by Ext.P1, after relaxing patta conditions. Ext.P6 is the representation before the Government. Ext.P4 is the patta. Ext.P4 patta was given to the predecessor-in-interest of the petitioner. It is appropriate that the 4th respondent takes a decision on Ext.P6 within a period of two months after hearing the petitioner.
The writ petition is disposed of as above.
SAS/21/03/2019 Sd/-
//TRUE COPY//
A.MUHAMED MUSTAQUE
P.A. TO JUDGE
JUDGE
WP(C).No. 4551 of 2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE OF
THE PETITIONERS LAND ISSUED BY THE 3RD RESPONDENT DT.30.11.2017.
EXHIBIT P2 TRUE COPY OF THE GENERAL POWER OF ATTORNEY EXECUTED BY THE 1ST PETITIONER IN FAVOUR TO THE 3RD PETITIONER DT.9.11.2017. EXHIBIT P3 TRUE COPY OF THE JOINT APPLICATION FILED BY THE PETITIONERS 2 & 3 BEFORE THE 5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PATTA ISSUED IN FAVOUR OF THE PREDECESSOR OWNER OF THE EXT.P1 PROPERTY.
EXHIBIT P5 TRUE COPY OF THE SURVEY MAP OF THE PROPERTIES OF PETITIONERS 1 & 2 AND THE SURROUNDING PROPERTIES.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 4 & 5 DT. 3/2/2019.