Kerala High Court
John Rafi vs The Revenue Divisional Officer on 7 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943
WP(C) NO. 10415 OF 2021
PETITIONER:
JOHN RAFI,
AGED 51 YEARS,
S/O. JOSEPH, KANJIRATHINGAL HOUSE, MULLASSERY P.O,
MULLASSERY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.
BY ADV P.M.ZIRAJ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
THRISSUR, THRISSUR DISTRICT-680 001.
2 THE DIRECTOR,
MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY,
KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695 001
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT-686
002
4 THE PRINCIPAL SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
5 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
GP-- PAUL ABRAHAM VAKKANAL.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10415 OF 2021 2
JUDGMENT
Dated this the 7th day of June 2021
The petitioner is desirous to develop a pond in his property
comprised in Survey No.1399 of 2010 of Killanoor Village, Thrissur
District. According to the petitioner in light of the amendment to
the Kerala Minor Mineral Concession Rules, 2015 (in short 'Rules'),
he has to obtain No Objection Certificate from the concerned
Revenue Divisional Officer before submission of application for
transit permits and passes to transport the minor minerals from his
property. Nevertheless, the petitioner's activity would only fall
within the sweep of Section 104 of the Rules. Therefore, no
quarrying permit is required to extract the said minor minerals,
but special transit passes are required for the transportation. As
per the amended provisions of Section 104 of the Rules, No
Objection Certificate is required from the 1st respondent. The
petitioner has submitted Ext.P3 application before the 1 st
respondent for a No Objection Certificate to remove the minor
minerals from his property. However, the 1 st respondent has not
considered the said application. This Court has in similar
circumstances passed Ext.P4 judgment. Hence, the petitioner
seeks for a similar relief.
2. Having considered the fact that the petitioner has
submitted Ext.P3 application before the 1 st respondent as early as
on 12.4.2021 and that no action has been taken on the same,
without expressing anything on the merits of the matter, I direct
the 1st respondent to consider and dispose of Ext.P3 application, in
accordance with law, as expeditiously as possible and at any rate
within a period of two months from the date of receipt of a copy of
this judgment.
The Writ Petition is ordered accordingly.
SD/-
C.S.DIAS
JUDGE
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APPENDIX OF WP(C) 10415/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY
OF PETITIONER DATED 02.06.2020.
EXHIBIT P2 TRUE COPY OF G.O(P) NO. 16/2020/ID DATED
12.6.2020.
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT DATED
12.04.2021.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 05.01.2021 IN W.P.C NO. 113 OF
2021.
