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Kerala High Court
T.Aboobacker vs The District Collector, Malappuram on 20 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 33579 OF 2017
PETITIONER:
T.ABOOBACKER
AGED 86 YEARS
S/O. MOHAMMED, THANKAYATHIL HOUSE, KUNNAPPALLY
P.O,PEERINTHALMANNA, MALAPPURAM
BY ADVS.
SMT.APARNA RAJAN
SRI.SREEDHAR RAVINDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR, MALAPPURAM
COLLECTORATE OFFICE, MALAPPURAM 676 505
2 THE REVENUE DIVISIONAL OFFICER
PERINTHALMANNA P.O, PERINTHALMANNA 6723 322
3 THE SUB INSPECTOR OF POLICE
PERINTHALMANNA 679 322
4 THE GEOLOGIST
GEOLOGY DEPARTMENT, MANJERI 676 122
ADDL.5 SALIM
S/O ALI, KALLIPARAMBIL HOUSE, KUNNAPPALLY PO,
MALAPPURAM DISTRICT.
ADDL.6 ABOOBACKER
S/O AZEES HAJI, CHIRATTAMAALA, MANKADAKKUZHIYIL HOUSE,
PULAMANTHOL PO, MALAPPURAM DISTRICT.
ADDL.7 RYHANATH
W/O ALAVI, THANKAYATHIL HOUSE, KUNNAPPALLY PO,
MALAPPURAM.
ADDITIONAL R5,R6 AND R7 ARE IMPLEADED AS PER ORDER
DATED 23.01.2018 IN I.A.NO.808/2018 IN
WP(C)NO.33579/2017.
BY ADVS.
GOVERNMENT PLEADER
SRI.T.M.BINOY
W.P (C) No.33579 of 2017
2
DR.V.N.SANKARJEE
SRI.R.SREEHARI
SRI.SACHIN VYAS
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P (C) No.33579 of 2017
3
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.33579 of 2017
---------------------------
Dated this the 20th day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Issue a writ of in the nature of mandamus commanding the 3rd respondent to take necessary action on the basis of Ext.P3 complaint made by the petitioner against the illegal mining in the petitioner's property.
ii) Issue a writ of in the nature of mandamus commanding the 4th respondent to take appropriate action to stop the illegal mining in Sy.No.221 of Pathaikkara Village of Perinthalmanna Taluk strictly in accordance with the direction of the 1st respondent.
iii) Issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary in order to meet the ends of justice on the facts and in the circumstances of the instant case; and
iv) award the costs of this case to the petitioner."
[SIC]
2. When this writ petition came up for consideration, the counsel for the petitioner takes me through paragraphs 3 and 4 of the counter affidavit filed by the 4 th respondent, which is extracted hereunder:-
"3. Further, on 24.10.2017, an inspection was conducted from the office of this respondent in Sy. No. 221 of Pathaikkara Village. The inspection revealed illegal mining in the above said area. Thus, W.P (C) No.33579 of 2017 4 on site inspection it was understood that 3 persons were conducting illegal quarrying in the above said Sy. No. with the permission of the land owners. However the actual possession of the mined out area and the actual extent of mining done by individual property owners were not ascertained. This respondent issued show cause notice to three quarry operators to stop the illegal mining operation and also to show cause whether there is any reason not to take action against them under Kerala Minor Mineral Concession Rules, 2015. The true copy of the above said notices is produced herewith and marked as Exhibit R4(a), Exhibit R4(b) and R4(c). The total extent of land in Sy No. 221 is more than 92 Ares and the have not been demarked. Hence this respondent issued a letter No. DOM/M-3224/2017 to the Village Officer Pathaikkara to details of the land owners. A true of the above said letter dated 25.10.2017 is produced herewith and marked as Exhibit R4(d).
4. Moreover, this respondent has sent a letter dated 25.10.2017 to the Sub Inspector of Police, Perinthalmanna who has jurisdiction in the above area to stop all kinds of illegal mining in the above said land and also to prevent transportation of minerals from the area. A true copy of the above said letter dated 25.10.2017 is produce herewith and marked as Exhibit R4(e). It is respectfully submitted that this respondent had taken necessary action to stop illegal mining in the above land. Thus, action has been taken on the complaint of the petitioner herein."
W.P (C) No.33579 of 2017 53. In the light of the above averment, I think this writ petition can be closed.
Therefore, recording paragraphs 3 and 4 of the counter affidavit of the 4th respondent, this writ petition is disposed of.
The 4th respondent will do the needful, in accordance with law, with notice to the petitioner and respondent nos.5 to 7. If there is any fresh cause of action to the petitioner, the same is left open.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.33579 of 2017 6 APPENDIX OF WP(C) 33579/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PURCHASE CERTIFICATE (PATTA) NO 254 DATED 12-07-1973 EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 10-03-2016 EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DATED 28-07-2017 EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 1ST RESPONDENT DTD 29-07-17 EXHIBIT P4(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT DTD 29-07-17 EXHIBIT P4(B) TRUE COPY OF THE ACKOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT DTD 29-07-17 EXHIBIT P5 TRUE COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT DATED 04-08-2017 RESPONDENTS EXHIBITS EXHIBIT R4(A) TRUE COPY OF THE LETTER NO.DOM/M-3224/2017 DATED 25.10.2017 ISSUED TO SRI.SALEEM.
EXHIBIT R4(B) TRUE COPY OF THE LETTER NO.DOM/M-3224/2017 DATED 25.10.2017 ISSUED TO SRI.ABOOBACKER.
EXHIBIT R4(C) TRUE COPY OF THE LETTER NO.DOM/M-3224/2017 DATED 25.10.2017 ISSUED TO SRI.RAIHANATH EXHIBIT R4(D) TRUE COPY OF THE LETTER NO.DOM/M-3224/2017 DATED 25.10.2017 ISSUED TO VILLAGE OFFICER, PATHAIKKARA EXHIBIT R4(E) TRUE COPY OF THE LETTER NO.DOM/M-3224/2017 DATED 25.10.2017 ISSUED TO SUB INSPECTOR OF POLICE, PERINTHALMANNA