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2024 Supreme(Ker) 60

MURALI PURUSHOTHAMAN
A. H. SHERIFF S/O HYDROSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: ENOCH DAVID SIMON JOEL, S. SREEDEV, RONY JOSE, LEO LUKOSE, KAROL MATHEWS SEBASTIAN ALENCHERRY, DERICK MATHAI SAJI, KARAN SCARIA ABRAHAM.
For the Respondent: BIMAL K. NATH.

JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. The petitioner submitted Ext.P1 application dated 28.05.2019 before the 2nd respondent District Collector for grant of No Objection Certificate (NOC) for quarrying granite from revenue puramboke land. Ext.P2 acknowledges the receipt of Ext.P1. The application was forwarded by the District Collector to various revenue authorities for their remarks and reports. The 3rd respondent Tahsildar, by Ext.P3 letter dated 27.08.2019, recommended the grant of NOC. However, no orders were passed by the District Collector on Ext.P1 for more than four years. Later, Ext.P1 was rejected by the District Collector by Ext.P4 order dated 21.09.2023. In Ext.P4, it is stated that pending Ext.P1 application, the Government have issued G.O. (MS) No. 28/2021/RD dated 28.01.2021 (Ext.P5) providing guidelines for grant of NOC for mining of minerals from Government lands and that the application of the petitioner for grant of NOC can be considered only in accordance with the said guidelines. The petitioner states that the application for NOC submitted in May, 2019 cannot be rejected on the basis of Ext.P5 guidelines issued in January, 2021. According to the petitioner, his

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