IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20577 of 2011(V) ------------------------------------- PETITIONER(S): --------------------- PALAKKAL PUTHIYAPURAYIL ISMAIL @ K.ISMAIL S/O.MUHAMMED KUNHI, AGED 41 YEARS, CHETTUVATTI,P.O.KALLIAD, KALLIAD AMSOM CHETTUVATTI DESOM,TALIPARAMBA TALUK, KANNUR DIST BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): ------------------------- 1. VILLAGE OFFICER, KALLIAD VILLAGE OFFICE, P.O.KALLIAD,KANNUR DISTRICT- 670 003. 2. SUB COLLECTOR, THALASSERY, KANNUR DISTRICT- 670 001 3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KANNUR-670001 4. STATE OF KERALA, REP.BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM- 695 001. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20577/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DOCUMENT NO.1656/2010 OF S.R.O. IRIKKUR. P2:- COPY OF THE DOCUMENT NO.1131/2010 OF S.R.O. IRIKKUR. P3:- COPY OF THE BASIC TAX RECEIPT DTD. 19.7.2010 WITH RESPECT TO 3.40 ACRES OF PROPERTY. P4:- COPY OF THE BASIC TAX RECEIPT DTD. 22.6.2010 WITH RESPECT TO 45 CENTS OF PROPERTY. P5:- COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P6:- COPY OF THE LOCATION CERTIFICATE ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P7:- COPY OF THE SITE PLAN ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P8:- COPY OF THE UARRYING PERMIT ORDER DTD. 17.5.2010 ISSUED BY THE 3RD RESPONDENT. P9:- COPY OF THE APPLICATION DTD. 14.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT WITH ENDORSEMENT OF THE IST RESPONDENT. P10:- COPY OF THE REGISTRATION CERTIFICATE OF KL-59 A-3542 VEHICLE OF THE PETITIONER. P11:- COPY OF THE REGISTRATION CERTIFICATE OF KL- 59A-3704 VEHICLE OF THE PETITIONER. P12:- COPY OF THE REGISTRATION CERTIFICATE OF KL-59-8277 VEHICLE OF THE PETITIONER P13:- COPY OF THE REGISTRATION CERTIFICATE OF KL-59-9025 VEHICLE OF THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 20577 OF 2011 ------------------------------------------------- DATED THIS THE 28th DAY OF JULY, 2011 J U D G M E N T Grievance of the petitioner is that inspite of having made Ext.P9 application, the 1st respondent has declined to issue the site plan, possession certificate and location sketch in respect of the properties covered by Exts.P1 to P6. A reading of Ext.P9 shows that on the application made by the petitioner, the 1st respondent made an endorsement that his application will be considered after the expiry of two months ban on mining ordered by the Sub Collector and on completion of resurvey, that is now going on. 2. In so far as pendency of such a ban cannot a justification for declining the application for the aforesaid documents. On the other hand, the ban order may be relevant where any application is made for allowing any banned activities. However, the revenue authorities cannot be asked to issue documents during pendency of the resurvey. 3. In that view of the matter, I direct that order on Ext.P9 shall be passed, even inspite of pendency of the ban order of the W.P(C) No.20577 of 2011 2 Sub Collector, but on completion of resurvey now going on. 4. The petitioner to produce a copy of the judgment before the 1st respondent for compliance. The Writ Petition is disposed of. ANTONY DOMINIC, JUDGE ab W.P(C) No.20577 of 2011 3