Petitioner approached this Court aggrieved by Ext.P14 order issued by the District Collector, Alappuzha. Petitioner approached the District Collector for NOC for the purpose of removing dirt from the property situated in resurvey Nos.135/20-
1 and 135/20-2 of Ennakkadu Village in Chengannur Taluk for agricultural purposes. The District Collector relying on the report of the panchayath president reporting that the above property is covered with brick clay declined the request by Ext.P14 order.
2. Learned counsel for the petitioner submits that the panchayath President has no right to give an opinion or recommendation as to the nature of sand. It has to be done by the Geologist.
3. Petitioner's case is that it is only a dirt and there exists no clay in the property. Considering the facts and circumstances, there shall be a direction to the 9th respondent to inspect the site mentioned in Ext.P4 and find out the nature of W.P(C).No.32141 of 2014P 2 sand. If it is not brick clay, necessary permission shall be granted to the petitioner to remove the dirt from the property within a period of four weeks from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/10/12/14