Kerala High Court
Adv. Mathai Eapen Vettath vs District Collector on 9 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:50379
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 9TH DAY OF JULY 2025 / 18TH ASHADHA, 1947
WP(C) NO. 12204 OF 2025
PETITIONER:
ADV.MATHAI EAPEN VETTATH,
AGED 66 YEARS,
S/O. LATE EAPEN,
CHAIRMAN MAR MATHAI DHAYARA VETTATH SWAROOPAM,
PB NO. 1, NJEEZHOOR P.O., VAIKOM TALUK,
KOTTAYAM DISTRICT, PIN - 686612
BY ADV.
MATHAI EAPEN VETTATH (PARTY-IN-PERSON)
RESPONDENTS:
1 DISTRICT COLLECTOR,
KOTTAYAM, COLLECTORATE,
KOTTAYAM DISTRICT, PIN - 686002
2 GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
COLLECTORATE, KOTTAYAM, PIN - 686002
3 SECRETARY,
SPORTS AND TOURISM DEPARTMENT
GOVERNMENT OF KERALA, SECRETARIAT ANNEX,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV.
SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:50379
W.P.(C) No.12204/2025
:2:
JUDGMENT
Dated this the 9th day of July, 2025 The petitioner is the co-owner of 14 Acres of land in Njeezhoor Village in Vaikom Taluk of Kottayam District. Though the petitioner attempted agriculture in the property, due to water scarcity, the agriculture failed. Rocks were falling down during rainy season causing threat to the local inhabitants. Subsequently, the petitioner decided to use the land for developing sports. The petitioner proposes to construct a sports complex in the land.
2. The Njeezhoor Grama Panchayat has given NOC and sanction for establishing a football court, badminton court and cricket ground. The Agricultural Officer and the Village Officer also gave positive reports in favour of the 2025:KER:50379 W.P.(C) No.12204/2025 :3: petitioner. However, the Geologist, whose permission was required for breaking of rocks, postponed any decision on one or the other ground. The petitioner states that due to the failure of the respondents to give clearance, the project could not be started.
3. The inaction on the part of the District Collector in not sanctioning the football ground is arbitrary. The project is delayed due to non-sanctioning of breaking rocks by the 1st respondent. The petitioner is therefore before this Court seeking to direct the 1st respondent to provide sanction to construct football ground after breaking rocks and levelling the property.
4. The 2nd respondent-Geologist resisted the writ petition and filed counter affidavit. The petitioner first submitted application to remove rock boulders to pursue agriculture in the land. While the application was being processed, the petitioner 2025:KER:50379 W.P.(C) No.12204/2025 :4: submitted yet another application stating that he wishes to develop his village by bringing sports and tourism projects in the property. As on date, three applications for development of land are pending for different purposes. The respondents therefore could not take a decision.
5. The Deputy Director of Tourism Department has informed that the Njeezhoor Grama Panchayat has not submitted any proposal before the Tourism Department so far. The Tahsildar, Vaikom has reported that complaints have been received to the effect that mining of rocks from the property of the petitioner would damage their houses. The 1st respondent has no authority to issue permission to break and remove the rocks in the property of the petitioner. The writ petition is therefore only to be dismissed.
6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the 2025:KER:50379 W.P.(C) No.12204/2025 :5: respondents.
7. The petitioner wants to develop the property into a sports complex. The Local Self Government Institution has granted NOC. For developing the land, rocks/boulders have to be removed and transported out which requires the approval of the Geologist and RDO. The Government Peader submits that for starting sports complex as part of Sports Tourism, approval of the Government of Kerala is required.
8. If a citizen intends to start a Sports Complex in his private property, the authorities have to consider statutory applications and take decision without much delay. The petitioner, who appeared as party in person, submitted that he is giving up his applications for developing the land for agricultural purpose and his application relating to danger of rolling stones and is confining his prayer to the development of the land for sports purpose. I find no reason to decline consideration of the 2025:KER:50379 W.P.(C) No.12204/2025 :6: application of the petitioner.
9. In the circumstances, the writ petition is disposed of with the following directions:
i) The petitioner shall in writing withdraw his application submitted for development of land for agricultural purpose and also the application relating to the danger of rolling stones.
ii) The petitioner thereafter shall obtain necessary approval as is required from the Local Self Government Institution indicating the quantum of rock / ordinary earth to be removed for the purpose of constructing the Sports Complex.
iii) Thereafter, the petitioner shall approach the Revenue Divisional Officer and obtain No Objection Certificate which is required under 2025:KER:50379 W.P.(C) No.12204/2025 :7: Rule 104 of the Kerala Minor Mineral Concession Rules, 2015.
iv) The Revenue Divisional Officer may take a decision on the No Objection Certificate after obtaining clearance from the Geologist / Department of Mining and Geology.
v) After obtaining No Objection Certificate from the Revenue Divisional Officer as contemplated under Rule 104 of the Kerala Minor Mineral Concession Rules, 2015, the petitioner may approach the Secretary to the Government, of the Department concerned and submit application for approval of establishment of Sports Complex.
vi) The Government shall consider the application if the application is accompanied by 2025:KER:50379 W.P.(C) No.12204/2025 :8: all supporting documents, and take appropriate decision thereon within a further period of three months.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:50379 W.P.(C) No.12204/2025 :9: APPENDIX OF WP(C) 12204/2025 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR KOTTAYAM DATED 30.07.2024 WITH RELATED DOCUMENTS Exhibit P2 TRUE COPY OF NOC GRANTED BY THE NJEEZHOOR GRAMA PANCHAYAT DATED 12.11.2024 Exhibit P2(a) TRUE COPY OF THE PLAN OF FOOTBALL COURT DAED NIL Exhibit P2(b) TRUE COPY OF THE PLAN OF BADMINTON COURT AND BASKET BALL COURT DATED NIL Exhibit P2(c) TRUE COPY OF THE PLAN OF CRICKET GROUND DATED NIL Exhibit P3 TRUE COPY OF LETTER OF GEOLOGIST DATED 7.1.2025 Exhibit P4 TRUE COPY OF REPLY LETTER SENT BY PETITIONER TO GEOLOGIST DATED 15.1.2025 Exhibit P5 TRUE COPY OF LOCATION SKETCH DATED 17.1.2025 Exhibit P6 TRUE COPY OF POSSESSION CERTIFICATE BEARING NO.90744646 DATED 15.1.2025 ISSUED BY NJEEZHOOR VILLAGE OFFICE Exhibit P7 TRUE COPY OF POSSESSION CERTIFICATE BEARING NO.90744608 DATED 15.1.2025 ISSUED BY NJEEZHOOR VILLAGE OFFICE 2025:KER:50379 W.P.(C) No.12204/2025 : 10 : Exhibit P8 PHOTOGRAPH SHOWING THE INAUGURATION OF PUBLIC MEETING FUNCTION BY DR.
GEEVARGHESE MAR LOUYOS Exhibit P9 TRUE COPY OF INAUGURATION NEWS DATED 2.1.2025 APPEARED IN MALAYALA MANORAMA Exhibit P10 PHOTOGRAPH SHOWING THE INAUGURATION OF TROPHY BY DEPUTY SPEAKER OF KERALA LEGISLATIVE ASSEMBLY Exhibit P11 PHOTOGRAPH SHOWING THE INAUGURATION OF PUBLIC MEETING FUNCTION BY MONS JOSEPH MLA Exhibit P12 TRUE COPY OF THE REPORT PUBLISHED IN DESABHIMANI DAILY DATED 9.1.2025 Exhibit P13 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.1.2025 Exhibit P14 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 9.1.2025 Exhibit P15 TRUE COPY OF LETTER SENT BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.1.2025 Exhibit P16 TRUE COPY OF MESSAGE DATED 21.11.2024 OF CHIEF MINISTER OF KERALA Exhibit P17 TRUE COPY OF MESSAGE DATED NIL OF THE HON'BLE MINISTER FOR SPORTS TOURISM Exhibit P18 TRUE COPY OF THE NEWS PAPER CUTTING OF MALAYALA MANORAMA DATED 23RD APRIL 2025, PAGE 16 VARTHAMANAM Exhibit P19 TRUE COPY OF LETTER BEARING NO.
DCKTM/7471/2024-DMI DATED 25.04.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P20 TRUE COPY OF LETTER DATED 9.4.2025 ISSUED BY MALANAD ENVIRONMENT PROTECTION COMMITTEE 2025:KER:50379 W.P.(C) No.12204/2025 : 11 : RESPONDENTS' EXHIBITS:
Exhibit R2(a) True copy of the Letter dated 12.06.2024 Exhibit R2(b) True copy of the letter dated 10.01.2025 Exhibit R2(c) True copy of the letter dated 15.01.2025 Exhibit R2(d) True copy of report of geologist addressed to RDO dated 22/03/2025 Exhibit R2(e) True copy of the letter dated 16.04.2025.