IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 7965 of 2009(M) ------------------------- PETITIONER(S): ------------------ ROSAMMA JAMES, W/O.JAMES.T.J, AGED 52 YEARS, RESIDING AT KANNANTHOTTIMALIYIL, PERUMBAIKADU P.O., KOTTAYAM-28. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE, KOTTAYAM. 2. THE TAHSILDAR, TALUK OFFICE, KOTTAYAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009,ALONG WITH WPC NO.7980/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NOs. 7965 & 7980 OF 2009 ======================== Dated this the 13th day of March, 2009 J U D G M E N T In these writ petitions, petitioners claim that they are owners of 1.35 acres and 4.63 acres of land respectively. According to the petitioners, in order to make an application for sand mining and development of the land, they made applications before the Tahsildar for preparing a site plan and for the issue of a possession certificate. It is stated that the Tahsildar has informed them that he is not in a position to comply with their requests for the reason that the District Collector has issued a general direction dated 10/12/2008 not to issue any site plan or possession certificate. 2. In my view, there is absolutely no justification for the stand taken by the Tahsildar. A person might need a site plan and possession certificate for various purposes. It may be that some of the purposes are undesirable or illegal. It is for the authority concerned before whom the site plan or the possession is produced and sought to be made use of, to deal with the application producing these documents to pass appropriate WPC 7965 & 7980/09 :2 : orders thereon. But that does not mean that site plan or possession certificate shall not be issued at all. 3. Therefore, the writ petitions are disposed of directing that irrespective of the order of the District Collector, orders shall be passed by the Tahsildar and the needful shall be done for the issuance of the site plan and the possession certificate applied for by the petitioners. Petitioners may produce a copy of this judgment before the 2nd respondent Tahsildar for compliance. ANTONY DOMINIC, JUDGE Rp