IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 8680 of 2010(H) ----------------------------------- PETITIONER(S): ------------------------ V.T.FOULY, AGED 35 YEARS, S/O.VELUKUTTY, RESIDING AT VEETTY BHAVAN, VALIYA KALUNGU, VAMANAPURAM VILLAGE, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, TRIVANDRUM. 2. THE CHIEF OFFICER, GEOLOGY DEPARTMENT, TRIVANDRUM. 3. THE STATE OF KERALA REPRESENTED BY ITS THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. R1 TO R3 BY GOVERNMENT PLEADER SRI.DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KL. WP(C).No. 8680 of 2010(H) APPENDIX PETITIONER'S EXHIBITS: EXT. P1: TRUE COPY OF THE SALE DEED DATED 25/01/2010 EXT.P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE PALODE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK DATED 23/02/2010. EXT.P3: TRUE COPY OF THE TAX RECEIPT NO. E 1058499 BOOK NO. E-10585 DATED 15/02/2010. EXT.P4: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE KL. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 8680 of 2010 H ``````````````````````````````````````````````````````` Dated this the 2nd day of September, 2010 J U D G M E N T The petitioner submits that he is the owner of 50 cents of land in Survey No.1915/2 of Vamanapuram Village in Nedumangad Taluk. According to the petitioner, he wants to remove soil from the said land for the purpose of making a fresh water fish pond for aquaculture purpose. For the said purpose, he made Ext.P4 application to the District Collector, which, according to the petitioner, was duly recommended by the Village Officer. There is no progress in the matter and, therefore, the writ petition is filed. 2. It is now pointed out that in terms of the Kerala Miner Mineral Concession(Amendment) Rules, 2010, a proviso has been added to Rule 5, which says that an application for obtaining permission for digging up of ponds or wells or tanks and for the renovation of stagnant water bodies in patta lands, for purposes including aquaculture, No Objection Certificate of the District Collector as stipulated in Rule 5(5) is not mandatory. The Rule provides that if an application is made to the Government WPC.8680/2010 : 2 : accompanied by a certificate from the Agriculture Officer or Officer in Charge of Marine Products Export Development Auhority or Department of Fisheries or Village Officer or the local authority concerned to the effect that the applicant is in need of digging the pond for aquaculture purpose, the application will be considered. 3. Since, according to the petitioner, the pond is constructed for aquaculture purposes, it is not necessary for the petitioner to obtain certificate from the District Collector, as sought for by him. On the other hand, the course open to the petitioner is to make appropriate application to the Government as provided in Rule 57 of the Kerala Miner Mineral Concession Rules, enclosing the certificate as mentioned in the proviso to Rule 5(5) mentioned above. It is directed that if such an application is made by the petitioner, necessary action shall be taken thereon. The writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge