Kerala High Court
Mavanal Granites Pvt. Ltd vs State Of Kerala on 20 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 8575 OF 2021
PETITIONER:
MAVANAL GRANITES PVT. LTD.
SREENIKETHAN, KALANJOOR P.O.KONNI,
PATHANAMTHITTA, REPRESENTED BY ITS MANAGING
DIRECTOR, K.N.MADHUSOODANAN, AGED 62 YEARS,
S/O P.K.NARAYANAPANICKER, SREENIKETHAN,
KALANJOOR P.O., KONNI, PATHANAMTHITTA.
BY ADV V.M.KRISHNAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA,
PIN-689 645.
GOVT. PLEADER SRI. MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.8575/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 20th day of July, 2021
The petitioner is before this Court seeking to direct
the 1st respondent to pass orders on Ext.P1 application on the
basis of Ext.P3 and in accordance with the Circular dated
30.09.2005 forthwith. The petitioner has also sought to
declare that his Ext.P1 application has to be considered in
accordance with Circular dated 30.09.2005 for grant of NOC
for mining minerals from government land.
2. The petitioner would submit that he is conducting
an establishment in the name and style of Mavanal Granites
Private Limited. The petitioner wants a mining lease for his
business in the adjacent land of 3.621 hectares, which is
government land situated in Koodal Village in Konni Taluk.
The petitioner requires this government land for quarrying for
WP(C) No.8575/2021
the purpose of expansion of his existing business. Therefore,
the petitioner filed Ext.P1 application for NOC as mandated by
the Kerala Minor Mineral Concession Rules. Ext.P1
application has been submitted to the 2nd respondent-District
Collector. The petitioner would submit that Ext.P1 was
submitted as early as on 23.02.2017 and as per letter dated
13.03.2018, the District Collector had directed the Tahsildar
concerned to obtain a report from the Village Officer, Koodal
Village. Though such report was obtained by the 2 nd
respondent on 22.11.2018, no orders have been passed by
the 2nd respondent so far. It is under such circumstances that
the petitioner has filed this writ petition.
3. The learned counsel for the petitioner would submit
that the guidelines governing the issuance of NOC in the
matter are contained in Circular No.84339/P1/2005/RD dated
30.09.2005. Though the Government has subsequently
issued Ext.P4 Circular dated 28.01.2021, the said Ext.P4
Circular would not apply to the petitioner's application, since
his application was made as early in the year 2017.
WP(C) No.8575/2021
4. The learned Government Pleader entered
appearance and contested the writ petition strongly.
According to the learned Government Pleader, this Court has
held in the judgment in Ajitha Joshi v. State of Kerala [2020
(5) KLT 707] that the permission for quarrying government
land is not a fundamental or vested right of any person. It falls
within the realm of contract and the Government cannot
compel or force to consider or allow any application for
quarrying lease. Furthermore, the learned Government
Pleader urged that Ext.P4 guidelines have been issued
pursuant to the orders of this Court and noted that large scale
manipulations are there in the field of lease of government
land for quarrying. Therefore, the petitioner's application can
be considered only in the light of Ext.P4.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
6. The fact that the petitioner has submitted an
application for NOC for quarrying government land as early on
WP(C) No.8575/2021
23.02.2017 as per Ext.P1 is not in dispute. It is also
discernible from the pleadings that the 2 nd respondent had
called for necessary reports from the Tahsildar and Village
Officer. Therefore, this Court is of the considered opinion that
the writ petition can be disposed of directing the 2 nd
respondent-District Collector to consider Ext.P1 application
submitted by the petitioner in accordance with law. The 2 nd
respondent-District Collector is therefore directed to consider
the application taking into consideration the applicability or
otherwise of the Circulars dated 30.09.2005 and 28.01.2021.
A decision in this regard shall be taken within a period of six
months.
Ordered accordingly.
Sd/-
N. NAGARESH, JUDGE
aks/20.07.2021
WP(C) No.8575/2021
APPENDIX OF WP(C) 8575/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE DISTRICT
COLLECTOR DATED 23.2.20217
EXHIBIT P2 TRUE COPY OF LETTER ISSUED BY THE
DISTRICT COLLECTOR TO THE TAHSILDAR
DATED 13.3.2018
EXHIBIT P3 TRUE COPY OF THE REPORT OF THE
TAHSILDAR DATED 22.1.2018 ALONG WITH
THE REPORT OF THE VILLAGE OFFICER.
EXHIBIT P4 TRUE COPY OF GOVERNMENT ORDER GO(MS) NO
28/2021/RD DATED 28.1.2021
