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Tinson John vs State Of Kerala

High Court Of Kerala|11 December, 2014
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JUDGMENT / ORDER

The petitioner approached this Court earlier by filing W.P.(C) No.20321/2014 apprehending that without taking note of the actual extent of land involved in mining, the authorities may categorise the petitioner's project as coming under B1 category. This Court directed the authorities to consider the petitioner's claim. Thereafter, Ext.P18 is passed. In Ext.P18 it is stated that the total area is reckoned about 25 Hecters and hence it would come under category the B1. According to the petitioner, this calculation is erroneous. It is pointed out that it is perhaps taking note of Ext.P16 report of the Village Officer, petitioner's project being identified as coming under B1 category. Ext.P16 report of the village officer shows the different extent of land held by M/s.Aiswarya Granities. It is discernible from Ext.P16 itself that the property in serial No.C is having an extent of 11.23.71 This property is having rubber W.P.(c).No. 31271 of 2014 : 2 : plantation, diary poultry farm and grass cultivation. If it is excluded, it will be less than 25 Hecters. The learned counsel for the petitioner also pointed out that even if it is taken as cluster by taking into account all the other quarries in the nearby area, the aggregate extent is 21.03.49.
2. In view of the above factual position, I am of the view that categorising the petitioner's project as B1 is unsustainable. As discernible from ExtP16 itself the total extent is less than 25 Hecters. Therefore, classifying the petitioner's project as one coming under the B2 category, necessary decision shall be taken on the next meeting itself.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.
W.P.(c).No. 31271 of 2014 : 3 :
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Title

Tinson John vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • G Bhagavat Singh