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2026 Supreme(Online)(Ker) 2390
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SRI.PRATHYURAJ E.R. – Appellant
Versus
1 THE TAHSILDAR – Respondent
WP(C) NO. 1192 OF 2026
For the Appellants/Petitioners: SHRI.PHILIP J.VETTICKATTU, SMT.NEENU BERNATH, SHRI.SAJU S. DOMINIC, SHRI.MANU SANTHOSH
For the Respondents: None
Delay in processing applications for quarrying lease certificates due to prior plantation designation is not justified.
Headnote:The Kerala Minor Mineral Concession Rules, 1967 govern the issuance of required certificates for quarrying leases. The petitioner sought an attested sketch and related certificates, which were delayed. The court found no grounds for delay and directed timely processing of applications. The ruling emphasized the prompt action required by the Tahsildar and Village Officer as asserted in the submissions and the court's order.
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| 1. court directs timely processing of application for certificates. (Para 1 , 2 , 3) |
JUDGMENT Petitioner’s short grievance is that his application for attested sketch in respect of his property is not being acted upon by the 1st respondent. Similarly, his application for non-assignment certificate and demarcation certificate is also not being acted upon by the 2nd respondent. Both these sets of documents are required for the purpose of applying for a quarrying lease in terms of the Kerala Minor Mineral Concession Rules , 1967 (K.M.M.C.Rules). The petitioner would submit that the application is not being proceeded for the reason that the property in question was earlier a plantation.
2. However, the learned Government Pleader, after taking instructions, would submit that there is no objection based on the property being a plantation earlier and that the petitioner’s applications are being processed.
3. In the circumstances, there will be a direction to the 1st respondent/Tahsildar to issue the attested sketch, if the petitioner is otherwise entitled to the same, within a period of three weeks from today. There will be a similar direction to the 2nd respondent/Village Officer to issue non- assignment and demarcation certificate to the petitioner, if he is otherwise entitled to the same, within a similar period of three weeks from today. The learned Government Pleader will intimate the gist of this Order to the said respondents, specifically the time limit afore referred.
This Writ Petition will stand disposed of as above.
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