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V.M.THOMAS @ SONY, S/O. MATHAI versus THE REVENUE DIVISIONAL OFFICER

High Court of Kerala

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V.M.THOMAS @ SONY, S/O. MATHAI v. THE REVENUE DIVISIONAL OFFICER - WP(C) No. 29698 of 2003(I) [2006] RD-KL 3004 (8 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29698 of 2003(I)

1. V.M.THOMAS @ SONY, S/O. MATHAI,
... Petitioner

Vs

1. THE REVENUE DIVISIONAL OFFICER,
... Respondent

For Petitioner :SRI.S.MANU

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :08/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No. 29698 of 2003 Dated 8th December, 2006.

J U D G M E N T

Petitioner approached this Court challenging Ext.P7 order passed by the respondent Revenue Divisional Officer under the provisions of the Kerala Minor Mineral Concession Rules and the Kerala Land Conservancy Act. The allegation is that there is illegal sand mining and transportation thereof. According to the petitioner, the District Collector is the competent authority, since the allegation is of mining and transportation of river sand. According to the petitioner, after the impugned order passed by the Revenue Divisional Officer, the District Collector had passed Exts.P2 and P4 orders. Therefore, Ext.P7 is of no consequence. In the counter affidavit filed by the respondent it is fairly admitted that the offence is of mining and removal is of river sand. It is also stated in the counter affidavit that in any case, the District Collector is the appellate authority under the provisions of the Kerala Land Conservancy Act. In the above circumstances, the writ petition is disposed of as follows :- Petitioner may file an appeal before the District Collector within two months. Thereafter, the District Collector will WP NO.29698/03 2 consider the appeal with notice to the petitioner and pass appropriate orders thereon in accordance with law, within another four months. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 8th December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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