IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 20418 OF 2022
PETITIONER:
JOBY JOSEPH,
AGED 54 YEARS,
S/O. K.J. JOSEPH,
KOOLIPARAMBIL HOUSE, VELENILAM P.O,
MUNDAKAYAM, KOTTAYAM - 686513.
BY ADVS.
K.MOHANAKANNAN
A.R.PRAVITHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT,
THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM, PALACE P.O,
THIRUVANANTHAPURAM - 695004.
3 SENIOR GEOLOGIST,
MINING AND GEOLOGY,
DISTRICT OFFICE MINING & GEOLOGY,
KOTTAYAM, COLLECTORATE, KOTTAYAM - 686002.
4 GEOLOGIST,
MINING AND GEOLOGY,
DISTRICT OFFICE MINING & GEOLOGY KOTTAYAM,
COLLECTORATE, KOTTAYAM - 686002.
5 THE TAHSILDAR (LR),
1ST FLOOR, MINI CIVIL STATION,
KOTTAYAM - KUMILY ROAD, KOKKAPPALLY,
KANJIRAPPALLY - 686555.
6 THE VILLAGE OFFICER,
MUNDAKAYAM VILLAGE OFFICE,
MUNDAKAYAM, KOTTAYAM - 686513.
SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.20418/2022
2
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner, who is an Ex-serviceman, is before this Court aggrieved by the proceedings initiated by the respondents as per Exts.P2 and P4.
2. The petitioner states that he is holding land in Kottayam District where he wanted to start fish farming. The petitioner has obtained licence from Industrial Department for starting Fish Farm and Chick Farm in the 3 Acres of land possessed by the petitioner. While the petitioner was expanding the farm, Ext.P2 Stop Memo was issued to the petitioner stating that illegal mining activities are being conducted in the land. Later, Ext.P3 was issued by the Police Inspector, Mundakkayam to the Village Officer, alleging that illegal mining activity is being conducted in the Garden Land.
WP(C)No.20418/2022 3
3. The petitioner states that the petitioner only wanted to construct a fish farm and for that purpose, he dug ponds in the property. While digging the ponds, granite stones were found which were removed. The petitioner never intended to get involved in any commercial activity relating to granite stones. The Geologist prepared Ext.P5 Mahazar as early on 23.06.2021. So far, proceedings are not concluded.
4. The petitioner submits that he has availed loans from various financial institutions for running the fish farm and the SARFAESI proceedings are pending. The delay in granting permission to the petitioner to carry on with his fish farming project will cause untold hardship and loss to the petitioner. The petitioner, therefore, submitted Ext.P7 representation before the 3rd respondent seeking permission to sell the granite stones on payment of any fee/royalty that may be payable.
WP(C)No.20418/2022 4
5. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner in the writ petition. It was submitted that Ext.P5 Mahazar was prepared when illegal mining was detected.
6. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
7. The petitioner is a person who wants to start a Fish Farming Project in his 3 Acres of land. It is the case of the petitioner that while he was digging ponds for the fish farm, granite stones were found and removed.
8. The question is whether the removal of granite stones was accidental or it amounted to illegal mining or commercial mining. The petitioner has submitted Ext.P7 representation in this regard before the 3rd respondent. This Court is of the view that it will be only just and proper that WP(C)No.20418/2022 5 the 3rd respondent is directed to consider Ext.P7 representation submitted by the petitioner and take a decision thereon in accordance with law.
In the circumstances, the writ petition is disposed of directing the 3rd respondent to consider Ext.P7 representation submitted by the petitioner and take a decision thereon in accordance with law, within a period of one month, after giving an opportunity of hearing to the petitioner.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.20418/2022 6 APPENDIX OF WP(C) 20418/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE PROCEEDINGS
NO.K/150/2020 OF THE INDUSTRIES
PERMISSION GRANTED BY THE INDUSTRIES DEPARTMENT OR ASST INDUSTRIES OFFICER, KANJIRAPPALLY DATED 28-1- 2021 Exhibit P2 TRUE COPY OF THE STOP MEMO NO.1/84/2021 DATED 14-3-2021 ISSUED BY THE VILLAGE OFFICER, Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.
183/TDR/21/MDKM DATED 10-5-2021 SENT BY THE POLICE INSPECTOR, MUNDAKAYAM Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.H4-
2764/2021/K.DIS DATED 14-6-2021 OF THE TAHSILDAR (LR) Exhibit P5 TRUE COPY OF THE MAHAZAR DATED 23-6-
2021 PREPARED BY THE GEOLOGIST Exhibit P6 TRUE COPY OF THE CHALAN RECEIPT DATED 16-8-2021 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 15-7-2021 SUBMITTED BY THE PETITIONER BEFORE THE SENIOR GEOLOGIST Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 19-10-2021 WAS FILED BY THE PETITIONER BEFORE THE DISTRICT FISHERIES OFFICER, KOTTAYAM SR