The petitioner paid Rs.12,600/- towards the cost of 48 tones of sand before the Tahsildar, Chavakkad. Pursuant to this, the 3rd respondent issued six passes to the petitioner for mining river sand from Pallam Kadavu within the limit of 4th respondent Panchayat. The petitioner has taken one load of sand by using one pass. Thereafter petitioner could not lift the remaining quantity of the sand on account of certain intervening factors. Now the period of removing sand is over. The petitioner was not permitted to remove the sand by the 4th respondent stating that the 2nd has revalidated the pass not by the 3rd respondent and this has to be revalidated by the 4th respondent Panchayat. The petitioner narrating these facts highlighted his grievance before the District Collector. On account of non consideration of this, the petitioner has approached this WP(C).No.21325/2010-M.
2 Court. If the petitioner has not removed the entire tones of sand as permitted in Ext.P6, after deducting the amount towards the cost of sand lifted by him, the remaining amount shall be paid to the petitioner. Therefore the 3rd respondent shall take a decision in the matter adverting to the facts. The petitioner shall also return the pass issued to him before the 3rd respondent. If the 3rd respondent satisfies that the petitioner has not lifted the entire quantity of sand, proportionate amount shall be returned to the petitioner within a period of two months from the date of receipt of this judgment.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, (Judge) Kvs/-