M/S. Global Granites v. The Tahasildar - Kerala High Court, 24 May 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944 WP(C) NO. 12830 OF 2022 PETITIONER: M/S. GLOBAL GRANITES, DOOR NO.14/362, THEKKEPOTTA, PUTHUCODE, PALAKKAD DISTRICT-678687, REPRESENTED BY ITS MANAGING PARTNER, K.M. MUNEER, AGED 49 YEARS, S/O. K.K. MOHAMMED, RESIDING AT KALLUNGAL, THAIKKATTUKARA P.O., ALWAYE, ERNAKULAM-683106. BY ADVS. S.SREEKUMAR (KOLLAM) K.C.BALAGOPAL (ALWAYE) RESPONDENTS: 1 THE TAHASILDAR, TALUK OFFICE, ALATHOOR, PALAKKAD-678541. 2 THE VILLAGE OFFICER, PUTHUCODE VILLAGE MANAPADOM, PALAKKAD-678687. *3 SRI.SUDHEER K.M, AGED 48 YEARS, S/O K.K.MUHAMMED, PARTNER OF M/S GLOBAL GRANIES, KALLUNGAL HOUSE, TAIKKATTUKARA PO, ALUVA, ERNAKULAM, PIN 683 106 (ADDL R3 IS IMPLEADED AS PER ORDER DATED 24.05.2022 IN I.A. NO.2/2022) BY ADVS. JOHN JOSEPH(ROY) SABIR N.S. SHAJAHAN T.A. SMT MABLE C KURIAN SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 12830/22 2 JUDGMENT The petitioner, which is stated to be a partnership firm, says that they have preferred Exts.P7 to P7(c) applications before the 2nd respondent – Village Officer, seeking certain documents to be issued to them for applying to obtain quarry permit/lease from the competent Authorities. They allege that their applications are kept pending solely because a complaint has been preferred by a certain Sri.K.M.Sudheer, which is completely untenable; and therefore, pray that this Court direct the 2nd respondent to dispose of the afore applications without any further delay.

The afore request of Sri.S.Sreekumar – learned counsel for the petitioner, was answered by the learned Senior Government Pleader – Smt.Mable C. Kurian, saying that the aforementioned Sri.K.M.Sudheer appears to be a partner of the petitioner, but has not been made a party in this Writ Petition. She submitted that, therefore, even if this Court is inclined to direct the 2nd respondent to take up the applications of the

WPC 12830/22 3 petitioner and decide it, said Authority may be given liberty to hear Sri.K.M.Sudheer also and to verify the title of the property and its attributes as per law.

It is indubitable that when applications are made before Public Authorities, they have to be decided in the manner known to law and after following due procedure. Obviously, therefore, the 2nd respondent will be obligated to consider the petitioner’s applications after making necessary enquiries regarding the title and attributes of the property and after hearing all objectors, including the aforementioned Sri.K.M.Sudheer. Resultantly, I order this Writ Petition to the limited extent of directing the 2nd respondent – Village Officer, to take up Exts.P7 to P7 (c) applications of the petitioner and dispose it of, after affording them, as also the aforementioned Sri.K.M.Sudheer and any other person who may have already filed objections, necessary opportunity of being heard; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than two

WPC 12830/22 4 months from the date of receipt of a copy of this judgment. I make it clear that this Court has not spoken on the merits of the contentions regarding the title and attributes of the property and they are all left open to be appropriately decided by the 2nd respondent when the afore exercise is completed. RR DEVAN RAMACHANDRAN JUDGE

WPC 12830/22 5 APPENDIX OF WP(C) 12830/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE TAX RECEIPT ISSUED BY THE PUTHUCODE VILLAGE OFFICER. Exhibit P2 THE PHOTOSTAT COPY OF THE PARTNERSHIP DEED OF THE NEWLY RE-CONSTITUTED. Exhibit P3 THEOF THE DEALER'S LICENSE ISSUED FROM THE DISTRICT GEOLOGIST DEPARTMENT MINING AND GEOLOGY, PALAKKAD. Exhibit P4 THEOF THE CONSENT ISSUED FROM THE POLLUTION CONTROL BOARD DATED 15/05/2020. Exhibit P5 THEOF THE GST CERTIFICATE. Exhibit P6 THEOF THE ACKNOWLEDGMENT OF THE IT RETURN FILED FOR THE ASSESSMENT YEAR 2021-2022. Exhibit P7 THEOF THE APPLICATION 22/02/2022 PRODUCED BEFORE THE 2ND RESPONDENT. Exhibit P7(A) THEOF THE APPLICATION DATED 22/02/2022 PRODUCED BEFORE THE 2ND RESPONDENT. Exhibit P7(B) THEOF THE APPLICATION DATED 22/02/2022 PRODUCED BEFORE THE 2ND RESPONDENT. Exhibit P7(C) THEOF THE APPLICATION DATED 22/02/2022 PRODUCED BEFORE THE 2ND RESPONDENT. Exhibit P8 THEOF THE JUDGMENT IN WPC NO.7614/2021.