IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 1191 of 2005(P) ------------------------------------ PETITIONER: ----------------- P.ARUMUGHAN, SON OF PAZHANIMUTHU GOUNDER, PERUMPARACHALLA, KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL TAHSILDAR, CHITTUR, CHITTUR TALUK, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).1191/2005-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LAND TAX RECEIPT ISSUED BY THE VALIYAVALLAMPATHY VILLAGE TO THE PETITIONER DATED 05/01/2005. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE TAHSILDAR, CHITTUR TALUK DATED 16/08/2004. EXT.P3: COPY OF THE ORDER NO.B3-12639/04 DATED 03/01/05 ISSUED BY THE ADDL. TAHSILDAR, CHITTUR TALUK TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.1191 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T The prayer is for issuance of possession certificate. The request has been turned down on the ground that owing to acute scarcity of water, the petitioner cannot be permitted to excavate soil. The purpose of the possession certificate is for soil extraction. According to the petitioner, it is for the Geologist to consider the matter under the Kerala Miner Mineral Concession Rules. The said authority is not on the party array. Be that as it may, the petitioner may approach the second respondent by way of a fresh application, in which case, appropriate action for issuance of the certificate, in case the petitioner is in possession of the land will be taken by the said respondent, within one month from the date of receipt of the application. It is made clear that the Geologist, while processing the application, will take into consideration the objection raised by the second respondent also, with regard to the excavation. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.1191 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.