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2021 Supreme(Ker) 619

N.NAGARESH
Ramla, W/o. Mohammed Ali – Appellant
Versus
District Geologist, Department of Mining and Geology, Manjeri, Malappuram – Respondent


Advocates Appeared:
For the Petitioner: P.M. Ziraj.
For the Respondent: Government Pleader Sri. Manu Raj.

JUDGMENT :

Petitioners in both these writ petitions seek identical reliefs in undifferentiated circumstance and hence the writ petitions are heard together and being disposed of by a common judgment.

2. The petitioners desired to construct buildings in the properties owned by them. They obtained Building Permits and Development Permits from their respective Local Self Government Institutions. Ordinary earth has to be extracted and removed, for laying foundations for the buildings, for which permits were required from the Department of Mining and Geology. Both the petitioners entrusted the work of submission of applications before the Departmental Officers and of supervising extraction of soil from their land, to one Sri. Noorudheen, S/o. Kunhumohammed.

3. The petitioners executed Powers of Attorney in favour of the said Sri. Noorudheen, by which the said Noorudheen was entrusted with power to extract and remove soil from the land of the petitioners and to approach and do all acts before the Mining and Geology Department, Manjeri. The petitioners submitted separate applications before the District Geologist through the said Power of Attorney, seeking permit to remove ordinary earth. Th

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