IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 17060 of 2011(F) -------------------------------------- PETITIONER: ------------------- A.DEVADAS, KARINJARA PUTHEN VEEDU, MULAKKALATHU KAVU P.O., THATTATHUMALA, KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI. SIJU KAMALASANAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, CIVIL STATION, THIRUVANANTHAPURAM-695 035. 2. THE DISTRICT GEOLOGIST, DISTRICT OFFICE OF THE MINING AND GEOLOGY, PALAYAM, THIRUVANANTHAPURAM-695 034. 3. THE TAHSILDAR, CHIRAYINKEEZHU TALUK, TALUK OFFICE, ATTINGAL-695 101. 4. THE VILLAGE OFFICER, KARAVARAM VILLAGE, THIRUVANANTHAPURAM-695 605. R1 TO R4 BY GOVT. PLEADER SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17060/2011-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NO OBJECTION CERTIFICATE WITH SITE PLAN ISSUED BY THE DISTRICT COLLECTOR TO THE PETITIONER DTD. 20/08/2004. EXT.P.2: THE PRESENT LICENSE NO.4/AE-3/2011 VALID UP TO 31/03/2012. EXT.P.3: COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER DTD 27/01/2007. EXT.P.4: COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER DTD. 27/04/2007. EXT.P.5: COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER DTD. 04/07/2007. EXT.P.6: COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER DTD. 10/10/2007. EXT.P.7: COPY OF THE APPLICATION FOR NOC SUBMITTED BEFORE THE R.1. DTD. 15/11/2007. EXT.P.8: COPY OF THE REPORT NO.1/2008 DTD. 02/01/2008 SUBMITTED BY THE VILLAGE OFFICER, KARAVARAM TO THE R.3. EXT.P.9: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R.3. DTD. 11/02/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 17060 OF 2011 ===================== Dated this the 27th day of July, 2011 J U D G M E N T According to the petitioner, he was conducting a quarry in the property in RS No.165/1 of Block No.39 of Karavaram Village. By Ext.P7, he applied for the issuance of a no objection certificate for obtaining quarry lease for ten years. According to him, District Collector forwarded his application for enquiry and report to the 3rd respondent. On the directions of the 3rd respondent, Village Officer conducted an enquiry and submitted his report to the Tahsildar. The case of the petitioner is that the Tahsildar has not submitted his report to the District Collector and therefore final orders on his application has not been passed so far. 2. However, the instructions obtained by the learned Government Pleader indicates that as early as on 19/2/11, the Tahsildar has already submitted his report to the District Collector. If that be so, contrary to the assumptions made by the petitioner, his application is now pending consideration of the District Collector, and hence, it is for the District Collector to take a decision and communicate the same to the petitioner. WPC No. 17060/11 :2 : 3. Therefore, I dispose of this writ petition directing that, on the production of a copy of this judgment, within 4 weeks thereafter, the 1st respondent shall communicate his decision on the application made by the petitioner for the issuance of NOC as stated above. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp