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2016 Supreme(Ker) 165

A.MUHAMED MUSTAQUE
Manu Anand – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
Sri. P.G. Suresh, Sri. G. Sudheer (Thuravoor), Sri. Rajan Vishnuraj, Sri. V. Harish
R1-R4 Govt. Pleader Sri. C.S. Manilal
R5 Sri. Philip J. Vettickattu, Sri. Vineeth Kuriakose

JUDGMENT :

The petitioner in this writ petition challenges Ext.P4 Government Order dated 11.11.2015.

2. By the aforesaid Government Order, the Government empowered the District Collector to grant permission to use the land assigned under the Kerala Land Assignment Act and Rules for the purpose of starting industrial units, quarry, crusher etc.

3. The petitioner's case is that, the Government had assigned land to the 5th respondent for agricultural purposes. Now an attempt is being made by the 5th respondent to use the land for mining disregarding the mandate under the Land Assignment Act and Rules. It is submitted that the mining operation being carried by the 5th respondent is in violation of the Land Assignment Act and Rules and same would be regularized through the District Collector.

4. The stand of the Government is that, in the light of Section 3 of the Land Assignment Act read with Rule 24 of the Rules, the Government is free to relax the condition on the original patta and to permit owner of the patta to utilise land for other purposes. It is further submitted that the Government, therefore, can permit mining in a land assigned for agricultural purposes.

5. The party respondent































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