IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 26773 of 2011(V) ----------------------------------- PETITIONER: ----------------- J.ANANDAN,S/O.JANARDHANAN, AGED 48 YEARS,KATTUMADATHIL HOUSE,PALLIKKAL NADUVILE MURI PO, MAVELIKKARA, ALAPPUZHA DISTRICT 690 503. BY ADVS. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS --------------------- 1. THE DISTRICT COLLECTOR,PATHANAMTHITTA, COLLECTORATE,PATHANAMTHITTA 689 645. 2. THE DIRECTOR OF MINING & GE0LOGY, THIRUVANANTHAPUAM 695 001. 3. ADDL.R3- M/S.ATLAS MINES AND GRANITES (INDIA LTD.)REGISTERED OFFICE AT PB.NO.39,PARK JUNCTION,MAVELIKKARA-690101,KERALA,REP.BY MANAGING DIRECTOR,S.SUJATHAN,KOTTAPPURATH HOUSE,KOTTARKKAVU PO.,MAVELIKKARA,ALAPPUZHA DIST.(ADDL.R3-IMPLEADED AS PER ORDER DT.08.11.2011 IN IA.17553/2011) R1 AND R3 BY GOVT.PLEADER MOHAMMED SHAH ADDL.R3 BY SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE SRI.MANU SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2011, ALONG WITH WPC NO. 32143 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 26773 OF 2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 PHOTOCOPY WRITTEN NO OBJECTION CERTIFICATE NO.C7/3790/06 DATED 28/2/2006 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXHIBIT P2 PHOTOCOPY OF APPLICATION DATED 7/1/2011 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY COLLECTOR(LR), PATHANAMTHITTA. EXHIBIT P3 PHOTOCOPY OF TYPED COPY OF NO OBJECTION CERTIFICATE NO.C7/3790/06 DATED 28/2/2006 ISSUED TO THE PETITIONER. EXHIBIT P4 PHOTOCOPY OF COMMUNICATION VIDE NO.1494/M3/2011 DATED 4/3/2011 OF THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P5 PHOTOCOPY OF APPLICATION DATED 5/3/2011 OF THE PETITIONER TO THE IST RESPONDENT. EXHIBIT P6 PHOTOCOPY OF ORDER NO.C7-3112/2001 DATED 26/9/2011 OF THE IST RESPONDENT TO THE PETITIONER. EXHIBIT P7 PHOTOCOPY OF THE PLAINT IN O.S. NO. 262 OF 2009 ON THE FILE OF THE SUBCOURT, MAVELIKKARA, REFERRED TO IN THE COUNTER AFFIDAVIT RESPONDENT'S EXHIBITS: R3(A): COPY OF AGREEMENT DT. 8.7.2007 R3(B): COPY OF LETTER DT. 13.11.2008 R3(C) COPY OF PLAINT IN O.S. 243/09 BEFORE THE SUB COURT PATHANAMTHITTA R3(D): COPY OF JUDGEMENT IN writ petition(C) 24555/10 R3(E): COPY OF POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER KOODAL R3(F): COPY OF ORDER C7-49360/2008 DT. 16.11.2009 BY 1ST RESPONDENT'S R3(G): COPY OF COMMUNICATION RECEIVED BY THE COMPANY UNDER RIGHT TO INFORMATION ACT FROM THE OFFICE OF SALES TAX OFFICER MAVELIKKARA R3(H): A TRUE COPY OF AFFIDAVIT FILED BY PETITIONER ALONG WITH HIS APPLICATION FOR QUARRYING LEASE R3(I) COPY OF SURVEY SKETCH IN RESPECT OF PROPERTY COMPRISED IN SY. NO. 251/1 PREPARED BY TALUK SURVEYOR WHICH IS PART OF EXT. P1 NOC R3(J) COPY OF SURVEY SKETCH PREPARED BY TALUK SURVEYOR WHICH IS PART OF EXT. P1 NOC WITH RESPECT TO PROPERTY IN SY.NO.288/1 R3(K): COPY OF APPLICATION DT. 25.4.2011 TO 1ST RESPONDENT \\ TRUE COPY\\ PA TO JUDGE JM ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos.26773 & 32143 of 2011 ``````````````````````````````````````````````````````````` Dated this the 19th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner in W.P.(C) No.26773/2011 contended that No Objection Certificate dated 28.02.2006 issued by the District Collector, Pathanamthitta (Ext.P2 in W.P.(C) No.32143/2011) was misplaced and that he made an application to the District Collector for a duplicate copy of the same. It is stated that the said request of the petitioner was rejected by Ext.P6 in W.P.(C) No.26773/2011 and it is seeking to quash the aforesaid order and to issue a true copy of the NOC, W.P.(C) No.26773/2011 has been filed. 2. W.P.(C) No.32143/2011 has been filed by M/s.Atlas Mines and Granites (India) Limited, a company incorporated under the provisions of the Companies Act, which got itself impleaded as additional third respondent in W.P.(C) No.26773/2011. M/s.Atlas Mines and Granites (India) Limited would contend that the NOC was transferred to it for valid consideration and that the original of the NOC is with the W.P.(C) Nos.26773&32143/2011 : 2 : company. The main prayer sought by the company is to quash the NOC and to direct the authorities to grant a NOC to the company for applying for quarrying lease. 3. Thus, while the petitioner in W.P.(C) No.26773/201 contends that the NOC was misplaced, the petitioner in W.P.(C) No.32143/2011 contends that the NOC was transferred to it for valid consideration. It appears that there are several disputes that are already pending between the parties and the issues raised by both parties in these writ petitions involve several disputed factual questions. Such disputes are incapable of resolution in a proceedings under Article 226 of the Constitution of India and, therefore, these are matters to be sorted out in a regular civil suit. For these reasons, I am not inclined to entertain these writ petitions and dismiss the same reserving the right of the petitioners to move the civil court for appropriate reliefs. Sd/- (ANTONY DOMINIC, JUDGE) aks/19/12 // True Copy // P.A. To Judge