Kerala High Court
Jamsheed vs The District Collector on 25 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
WP(C) NO. 11109 OF 2021
PETITIONER:
JAMSHEED
AGED 36 YEARS
S/O.MUHAMMED, KHADEEJA KALLUNGAL HOUSE, KODINHI,
MALAPPURAM DISTRICT.
BY ADV K.RAKESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM DISTRICT,
PIN 676 505
2 THE DISTRICT GEOLOGIST
MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN 676
121
3 THE NANNAMBRA GRAMA PANCHAYATH
NANNAMBRA, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN
676 320, REP. BY ITS SECRETARY.
4 THE STATION HOUSE OFFICER
TIRURANGADI POLICE STATION, TIRURANGADI, MALAPPURAM
DISTRICT, PIN 676 306
5 UMMER P.
PALAMADATHIL HOUSE, KANNAMANGALAM P.O., MALAPPURAM
DISTRICT, PIN 676 318.
OTHER PRESENT:
G.P.- SRI. P.S. APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11109 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following
prayers:-
"(i) Issue a writ of mandamus or any other appropriate writs,
orders of directions directing the respondents 1, 2 and 4 to
initiate stern actions to curb the illegal activities being
carried out under the guise of Exhibit P1.
(ii) Issue a writ of mandamus or any other appropriate writs,
orders of directions directing the 4th respondent to check the
violation of conditions contained in Exhibit P1 and P2 and
also to have a stubborn surveillance on activities carried out
under the garb of Exhibit P1 in Nannambra Panchayath."
2. Heard the learned counsel for the petitioner and
the learned Government Pleader.
3. The petitioner contends that in the guise of Ext.P1
order issued by the District Collector granting permission for
de-silting of water channels within the Panchayath area. The
Panchayath has now taken steps in violation of the said
permission permitting several contractors to remove not
WP(C) NO. 11109 OF 2021
only the debris and silt in the water channels but also clay
which is a minor mineral. It is submitted that the clay is also
being excavated in the large quantities by the contractors
engaged by the Panchayath and that there is every chance
that the clay so illegally extracted will be transported in the
guise of the permission granted by Ext.P1, which does not
permit the excavation of any minor mineral including clay.
4. I notice that the petitioner has not approached
any authority, either the 4th respondent or the District
Collector with regard to any complaint about removal of clay
in the guise of Ext.P1. I am of the opinion that in case the
petitioner is aggrieved by the removal of any minor mineral
in contravention to the permission granted by Ext.P1, it is
for the petitioner to approach the appropriate authorities, in
accordance with law. In case the petitioner approaches the
1st respondent with an appropriate representation pointing
out the factual complaints of the petitioner, a decision shall
be taken by the District Collector with notice to all
WP(C) NO. 11109 OF 2021
concerned, including the 3rd respondent and the contractors
engaged who are allegedly acting in contravention of Ext.P1
and the permission granted therein.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/26.08.2021
WP(C) NO. 11109 OF 2021
APPENDIX OF WP(C) 11109/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED, 25.2.2020
ISSUED BY THE DISTRICT COLLECTOR,
MALAPPURAM.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT EXECUTED BY
THE SECRETARY OF THE GRAMA PANCHAYATH
WITH ONE OF THE BIDDER DATED, 2.6.2020.
