Reji Paul vs The Geologist

Kerala High Court

Reji Paul vs The Geologist on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(C).No.14954/2017
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 14954 OF 2017
PETITIONERS:

     1       REJI PAUL
             KAKKANATTUTHURUTHEL HOUSE, MULLAPUZHACHAL PO,
             ENANALLOOR MUVATTUPUZHA,ERNAKUALM DIST. PIN.
             686668.

     2       MATHEWS PAUL
             KAKKANATTOTHURUTHEL HOUSE, MULLAPUZHACHAL
             PO,ENNANANALLOOR, MUVATTUPUZHA, ERNAKULAM
             DIST.PIN. 686668.

             BY ADV SRI.GEORGEKUTTY MATHEW



RESPONDENTS:

     1       THE GEOLOGIST
             OFFICE OF MINING AND GEOLOGY,ERNAKULAM, KAKKANADU
             PO,KOCHI.PIN. 682030.

     2       THE SUB INSPECTOR OF POLICE
             KALLOORKAD POLICE STATION,KALLOORKAD PO,
             MOOVATTUPUZHA,ERNAKULAM DIST. PIN. 686668.


OTHER PRESENT:
 W.P.(C).No.14954/2017
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             SRI.B.S.SYAMANTAK, GP




       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.14954/2017
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                        P.V.KUNHIKRISHNAN, J.
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                        W.P.(c).No.14954 of 2017
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                   Dated this the 21st day of May, 2024

                                    JUDGMENT

The above writ petition is filed seeking the following reliefs:-

"(i) Issue a writ in the nature of Certiorari calling for the records leading to Ext.P3 and quash the same as arbitrary and illegal.

(ii) Issue a writ in the nature of Mandamus directing the respondents not to interfere with the agricultural developmental activities done by the petitioners without removing ordinary earth outside of their lands, in the interests of justice.

(iii) To declare that the agricultural developmental activities done by the petitioners without removing ordinary earth outside of their lands do not attract the provisions of the Kerala Minor Mineral Concession Rules 2015, in the interests of justice.

(iv) To issue a writ in the nature of Mandamus directing the 1st respondent to refund the amounts illegally imposed from the 1st petitioner vide Exhibit P2, in the interests of justice.

(v) Issue such other appropriate writs, orders or directions that this Hon'ble court may deem fit and proper to meet the ends of justice, in the circumstances of the case. ", W.P.(C).No.14954/2017 4

2.The main challenge raised in this writ petition is against Exhibit P3 order passed by the Geologist. Admittedly, the petitioner can challenge Exhibit P3 before the Government. If that is the case, this writ petition can be disposed of granting liberty to challenge Exhibit P3 before the Government. Therefore, this writ petition is disposed of with the following directions:-

i) The petitioner is free to challenge Exhibit P3 in accordance with law within one month from the date of receipt of a copy of this judgment.

ii) If such an appeal is received, the Government will consider the same and pass appropriate orders in accordance with law, after giving an opportunity to the petitioner being heard, at any rate, within a period of four months from the date of receipt of the appeal.

iii) If no appeal is received, the competent authority is free to proceed in accordance with law.

Sd/-

P.V.Kunhikrishnan, Judge sj22/5/24 W.P.(C).No.14954/2017 5 APPENDIX OF WP(C) 14954/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GEOLOGY PERMTI DATED 29.11.2016.

EXHIBIT P2 TRUE COPY OF THE COUNTER FOIL OF THE CHALAN DATED 6.3.2017.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 7.4.2017 PASSED BY THE 1ST RESPONDENT.