St. Augustine Church vs The District Geologist
2021 Latest Caselaw 13613 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                WP(C) NO. 22289 OF 2020
PETITIONER:

         ST. AUGUSTINE CHURCH,
         KALLOORKAD P.O., KALLOORKAD VILLAGE,
         MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT
         REPRESENTED BY ITS VIKAR, FR.MATHEW KONICKAL,
         S/O. MATHAI, AGED 66 YEARS.

         BY ADV P.M.ZIRAJ
RESPONDENTS:

    1    THE DISTRICT GEOLOGIST,
         DEPARTMENT OF MINING AND GEOLOGY,
         ERNAKULAM DISTRICT-682 030.
    2    THE DIRECTOR,
         MINING AND GEOLOGY,
         OFFICE OF THE MINING AND GEOLOGY,
         KESAVADASAPURAM,
         PATTAM, THIRUVANANTHAPURAM-695 001.
    3    STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         INDUSTRIES DEPARTMENT,
         GOVERNMENT OF KERALA,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.
    4    KALLOORKKAD GRAMA PANCHAYATH,
         KALLOORKKAD P.O.,
         ERNAKULAM DISTRICT-686 668
         REPRESENTED BY ITS SECRETARY.
    5    THE SECRETARY,
         KALLOORKKAD GRAMA PANCHAYATH, KALLOORKKAD P.O.,
         ERNAKULAM DISTRICT-686 668.

         BY ADVS. SRI.AJITH VISWANATHAN
         GOVERNMENT PLEADER SRI. MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.22289/2020
                                 :2 :




                           JUDGMENT

Dated this the 01st day of July, 2021

The learned counsel for the petitioner states that

the petitioner is a Church and a Charitable institution. Being

a Charitable institution, the petitioner is an exempted

category establishment for the purpose of obtaining

quarrying permit to remove ordinary earth from the property.

The petitioner intend to construct a Stadium in the property

for the benefit of students. The property is not situated in a

single level. Hence it has become necessary to remove

ordinary earth from the property and shift the same.

2. According to the petitioner the said activity will not

come under the ambit of quarrying. Though the petitioner

has submitted Ext.P6 application for permission to abstract

and remove ordinary earth from the property, no decision is

taken on Ext.P6 by the District Geologist so far. WP(C) No.22289/2020

3. The learned Government Pleader filed a Memo in

the writ petition and contested the case.

4. According to the learned Government Pleader, the

construction proposed by the petitioner is too small and the

quantity sought to be removed is on a much higher side.

Therefore, no orders can be passed in this writ petition.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. Since the petitioner has filed Ext.P6 before the

District Geologist invoking Rule 104 and 107 of Kerala Minor

Mineral Concession Rules, 2015 and the same being the

application having statutory flavour, I am of the firm opinion

that Ext.P6 shall be considered by the 1 st respondent in

accordance with law within a reasonable period.

Accordingly, without entering into merits of the

claim made by the petitioner, the writ petition is disposed of

directing the 1st respondent to consider Ext.P6 application

submitted by the petitioner, taking into account the provisions WP(C) No.22289/2020

contained in Rule 104 and 106 of Kerala Minor Mineral

Concession Rules, 2015 and in accordance with law. A final

order in this regard shall be passed within a period of one

month.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.22289/2020

APPENDIX OF WP(C) 22289/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF PETITIONER DATED 14.5.2020 ISSUED BY THE VILLAGE OFFICER, KALLOORKKAD VILLAGE.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26.9.2019 ISSUED BY THE VILLAGE OFFICER, KALLOORKKAD VILLAGE.

EXHIBIT P3 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 22.2.2019 ISSUED BY THE FIFTH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DEVELOPMENT PLAN OF SITE AS SCHOOL PLAY GROUND.

EXHIBIT P5 TRUE COPY OF THE PLAN OF CHANGING ROOM AND SCHOOL PLAY GROUND.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 18.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED 19.10.2019 IN CONNECTION WITH EXHIBIT P6.

EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 21.10.2019 WHICH PROVES THE RECEIPT OF APPLICATION BY FIRST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 16.12.2019 IN WPC NO.29602/2019.

EXHIBIT P10           TRUE COPY OF THE BUILDING PERMIT DATED
                      26/9/2019     ISSUED    BY   THE    FOURTH
                      RESPONDENT