IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 29592 of 2010(Y) -------------------------- PETITIONER(S): --------------- SULAIKHA,W/O.MUHAMMED ALI,AGED 38 YEARS, KALLARAKUNNU HOUSE,CHERUKAVU,AYIKKARAPPADY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,DISTRICT OFFICE,MANJERI, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29592 OF 2010(Y) -------------------------------------------------- Dated this the 29th day of September, 2010 J U D G M E N T Petitioner submits that she is the absolute owner of the property having an extent of 24 cents of land in Rs.No.271/2010 of Vazhakkad Village in Malappuram District. According to the petitioner for the period till 2009 the property was leased out to another person for quarrying laterite stones who had alos obtained quarrying permit. 2. According to the petitioner, on expiry of the lease period, she made an application for grant of permit in her own name and that the said application was not considered by the 2nd respondent on the ground that a proposal for acquisition of the land was pending in respect of the property in question. It is stated that thereafter she obtained a clarification from the Village Officer, on the basis of which an application was again made. It is complained that since then there has not been any progress in the matter. 3. It is stated that in these circumstances she made Ext.P4 representation to the District Collector complaining of the above WPC.No. 29592/2010 :2 : and also seeking a clarification as to whether there is any proposal for acquisition of the land in question. According to the petitioner there has not been any reply to that representation also. It is in this background, the writ Petition is filed. 4. Government Pleader objects the prayer of the petitioner, contending that she did not make any application for grant of mining permit. According to the Government Pleader what is sought for is renewal of mining permit granted in favour of the erstwhile lessee and not the petitioner. 5. Irrespective of the controversies raised by the counsel for the petitioner and the learned Government Pleader, from the submissions made by the counsel for the petitioner, it is revealed that the clarification sought for by the petitioner from the District Collector is only as to whether any land acquisition proceeding is pending in respect of the land belonging to the petitioner. In my view, for giving such a clarification, the District Collector is most competent officer. 6. Therefore a direction is issued to the District Collector to consider the records and to clarify as to whether any land acquisition proceedings in respect of the property having an WPC.No. 29592/2010 :3 : extent of 24 cents situated in Rs.271/10 of Vazhakkad Village in Malappuram District is pending. Clarification as sought for by the petitioner in Ext.P4 shall be issued within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/