IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 31837 of 2008(M) -------------------------- PETITIONER(S): --------------- K.K.THOMAS, AGED 58 YEARS, S/O.KURIAKOSE, KAKKANATTAYA ONATTU, THIRUVANCHOOR, KOTTAYAM. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE TAHSILDAR, KOTTAYAM TALUK OFFICE, KOTTAYAM. 3. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, COLLECTORATE.P.O, KOTTAYAM. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31837/2008 -------------------- Dated this the 30th day of October, 2008 JUDGMENT Petitioner submits that he is the owner of 1.5 acres of land comprised in Survey No.86/10 in Kottayam. It seems that he intends to mine ordinary sand from the property after obtaining necessary permission from the competent Authority under the Kerala Minor Mineral Concession Rules, 1967. He submitted an application before the Tahsildar for preparation of the sketch and plan. This has been met with Ext.P1 order, in which it is stated that no application for sketch and plan shall be entertained, where the purpose mooted is one for mining sand from the property. Ext.P1 is under challenge in this writ petition. 2. Similar issue was considered elaborately by a learned Judge in Ext.P2 judgment and it was clearly noted that the purpose for which the land is proposed to be put to use would not be relevant for considering W.P.(C).31837/2008 2 an application for preparation of sketch and plan. It seems that Ext.P2 judgment has become final. 3. Having heard learned Government Pleader also, writ petition is disposed of quashing Ext.P1 and directing the second respondent to take further steps on the application filed by the petitioner for issuance of sketch and plan within one month from the date of receipt of a copy of this judgment. A possession certificate shall also be issued after due enquiry and after affirming that the petitioner is in possession of the property. V.GIRI, Judge mrcs