Petitioner approached 1st respondent, Geologist for renewal of his quarrying permit. It is to be noted that this quarrying permit was given to the petitioner based on NOC. By Ext.P8 letter, Geologist directed the petitioner to produce documents from the revenue authority to show that the land belonged to the petitioner was not assigned for any agricultural or special purposes as referred in Letter No. LR A2-18309/13 dated 09.05.13 issued by the Land Revenue Commissioner. The petitioner by challenging the above communication, filed this writ petition. 2. If the petitioner's land is assigned for agricultural purpose or any other purposes, and the petitioner contravened the conditions carried out for other activities, it is open for the revenue authorities to -2-
W.P.(C). No. 31534 of 2014 take appropriate action. However, this cannot form part of the condition to be insisted on by the Geologist under the relevant Rules. Geologist has no power to direct the petitioner to produce the documents, which otherwise, are not liable to be produced in terms of the Rules for grant of permission.
In view of the above, Ext.P8 is set aside. There shall be a direction to the 1st respondent Geologist to consider the application for renewal of quarrying permit in accordance with law, without insisting on production of any document from the revenue authority showing that this is not a land assigned for agricultural purposes. It is made clear that, it is open for the revenue officials to take appropriate action against the petitioner, if the petitioner contravened any of the provisions under the Kerala Land Assignment Act.
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A. MUHAMED MUSTAQUE JUDGE das