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MURALI PURUSHOTHAMAN
Muhammadali – Appellant
Versus
Village Officer – Respondent
JUDGMENT :
The petitioner submitted Ext.P2 application to the 1st respondent Village Officer to issue non-assignment certificate, demarcation certificate and field measurement book in respect of his property comprised in Sy. No. 556/1-8 of Aloor Village for making application before the Geologist for extraction and transportation of ordinary earth, for use in the construction of the National Highway. The said application was rejected by the Village Officer by Ext.P3 communication stating that the Kandanassery Grama Panchayat has, vide Ext. P4, resolved not to grant permission for removal of earth from Ponmalakunnu area in Aloor village coming within the said Panchayat. The petitioner challenges Ext. P3 contending that the Village Officer lacks authority to reject the request for non-assignment certificate and demarcation certificate concerning his property based on the objection of the Panchayat, and it is for the Geologist to consider whether permission has to be granted for extraction of ordinary earth, at the appropriate stage.
2. Heard Sri. Irfan Ziraj, the learned counsel for the petitioner and Sri. Bimal K. Nath, the learned Senior Government Pleader.
3. The learned Senior Gover
The authority of the Village Officer to reject an application for demarcation and non-assignment certificates based on objections from the Panchayat is outside the purview of the Village Officer in t....
Point of Law : Panchayat institutions can exercise only those powers conferred on and vested with them by legislature.
The court confirmed that local authorities must ensure compliance with safety regulations when issuing permissions for quarrying operations, and can revoke them upon public complaints about safety vi....
Village Officer's duty to issue possession certificate and location sketch if the application is in order and the petitioner is in legitimate possession.
The Panchayat cannot deny permits when all necessary licenses are obtained, as established by previous judgments.
Delay in processing applications for quarrying lease certificates due to prior plantation designation is not justified.
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