IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 14378 of 2011(V) -------------------------- PETITIONER: --------------- K.K.SHABHU,S/O.KRISHNAN,AGED 47 YEARS, PEEDIKAPARAMBIL HOUSE,PARAVOOR MURI, MANAKUNNAM VILLAGE. BY ADV. MR. S.SREEKUMAR MR. P.MARTIN JOSE MR. M.A.MOHAMMED SIRAJ MR. P.PRIJITH RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR,CIVIL STATION, KOTTAYAM. 2. THE SENIOR GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,DISTRICT OFFICE,KOTTAYAM. BY SENIOR GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 14378 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th May , 2011 JUDGMENT Petitioner is challenging Ext. P7 order passed by the first respondent on 16.03.2011, whereby Ext.P3 NOC given by the said respondent on 23.07.2010 has been cancelled, that too without serving any prior notice to the petitioner and thus in violation of the principles of natural justice. 2. Case of the petitioner is that, he is the co-owner of 9 cents of land comprised in Survey No. 99/5 of Kulasekharamanglam village, forming subject matter of Ext. P1 document of the SRO, Vaikom. Though actual survey number of the property is correctly shown as 99/5 in Ext. P1, the same happened to be wrongly shown as 96/9 in the prior title deed. As a matter of fact, mutation has been effected and the property is being enjoyed by the petitioner, paying the basic tax as revealed from Ext. P2. 3. Pursuant to the application preferred by the petitioner for NOC under Rule 5 (5) Kerala Minor Mineral Concession Rule 1967, the matter was considered and Ext. P3 NOC was issued for quarrying ordinary sand from the aforesaid property comprised in Survey No. W.P. (C) No. 14378 of 2011 : 2 : 99/5-14. In the course of further steps, Ext. P4 permit was issued by the second respondent for conducting the mining operations to the specified extent, which was subsequently renewed as per Ext. P5 order on 26.11.2010. 4. In the meanwhile the first respondent issued Ext. P6 order dated 15.12.2010 prohibiting quarrying of ordinary sand in Vaikom Taluk, which however was intercepted by a Division Bench of this Court, by judgment dated 08.04.2011 in W.A. No. 238 of 2011 directing the respondents to renew the permit. However, Ext. P3 NOC was subsequently cancelled by the first respondent as per Ext. P7 dated 15.12.2011, which in turn is under challenge. 5. The learned counsel for the petitioner, with reference to the materials on record, including Ext. P8 report dated 07.05.2001 issued by the concerned Village Officer, submits that, the property is actually comprised in Survey No. 99/5-14 as per village records and that the survey No. mentioned as 96/9 elsewhere is quite wrong.. 6. Heard the learned Government Pleader as well. 7. Going by the contents of Ext. P7 order, it is seen that, the same has been passed by the first respondent, without any notice to the petitioner, as no such notice is ever referred to any where therein. W.P. (C) No. 14378 of 2011 : 3 : This being the position, there is considerable force in the submission of the learned counsel for the petitioner that there is violation of principles of natural justice and as such, this Court finds that Ext. P7 is not sustainable in the eye of law. Accordingly, the same is set aside, however with liberty to the first respondent to proceed with further steps, passing appropriate orders afresh, in accordance with law and in the light of the relevant materials to be produced by the petitioner. Final orders as above shall be passed, only after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd