Kerala High Court
Saneesh vs The State Of Kerala on 11 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 11th day of November 2021 / 20th Karthika, 1943
WP(C) NO. 335 OF 2017(S)
PETITIONER
SANEESH, AGED 34 YEARS, S/O SAHADEVAN,
POOVANTHAYIL HOUSE, POOYAMKUTTY, KUTTAMPUZHA, PIN:686 681.
RESPONDENTS
1. THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3. THE PRINCIPAL SECRETARY,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4. THE DIRECTOR,
MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM,
THIRUVANANTHAPURAM-695 011.
5. KALANJOOR MADHU,
M/S VAJRA ROCK MINING, SREE NIKETAN,
KALANJOOR PO, PATHANAMTHITTA-689 694.
6. MS POABS GRANITES PRODUCTS PRIVATE LIMITED,
CHULLI PO, ANGAMALY-683581, REPRESENTED BY ITS MANAGING DIRECTOR.
7. BEST GRANITES, THIPPILLISSERY, THRISSUR-680 519,
REPRESENTED BY ITS PROPRIETOR.
8. UDAYA ROCK PRODUCTS, CHULLI, AYYAMPUZHA,
ANGAMALY-683581, REPRESENTED BY ITS PROPRIETOR.
9. TRAVANCORE BLUE METAL INDUSTRIES, ARUVIKKARA,
NEDUMANGAD, PIN:695564, REPRESENTED BY ITS PROPRIETOR.
10. CRYSTAL GRANITES, KIZHAKKAMBALAM, ERNAKULAM-683562,
REPRESENTED BY ITS PROPRIETOR.
P.T.O.
Writ Petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be pleased
to direct respondents 1 to 4 initiate action for cancellation of
licences/permits issued under the Minor Mineral Concession Rules in respect of
quarries functioning in land assigned under the Kerala land Assignment Act
1960 and the Kerala Land Assignment Rules 1964.
This petition again coming for orders upon perusing the petition and the
affidavit filed in support of WP(C) and this court's order dated 20/10/2021
upon hearing the arguments of M/S P.RAMAKRISHNAN, ASHA K.SHENOY, PREETHI
KESAVAN, C.ANIL KUMAR, PRATAP ABRAHAM VARGHESE, S.K.HARISH & T.C.KRISHNA,
Advocates for the petitioner and GOVERNMENT PLEADER & ADDITIONAL ADVOCATE
GENERAL for R1 to R4 and SRI. PHILIP J.VETTICKATTU & SRI.VINEETH KURIAKOSE,
Advocates for R5 & R8, SRI.N.JAMES KOSHY Advocate for R6 and R10, M/S
P.K.SURESH KUMAR & K.P.SUDHEER, Advocates for R7 & R9 and of SRI.S. RENJITH,
SPECIAL GOVERNMENT PLEADER, the court passed the following:
P.T.O.
S. Manikumar, C.J.
&
Shaji P.Chaly, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.P.(C)Nos.11249 of 2010, 26458 of 2014,
35030 of 2016 & 335 of 2017
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 11th day of November, 2021
ORDER
S.Manikumar, C.J.
On 27.11.2018, a Hon'ble Division Bench of this Court has
passed the following order:
"These three cases are interlinked and the common
allegation is that large number of quarries are being
operated illegally by the private respondents in the Thrissur
district on land assigned only for residential and cultivation
purposes, under the Kerala Land Assignment Act and Rules.
2. The learned Additional Advocate General
Sri.Ranjith Thampan would submit that the Government is
proposing to revisit the applicable norms for permitting
quarry operations in Thrissur and other areas of the State,
particularly for assigned lands, which can be used only for
limited purpose of residence and cultivation. He prays for
time to file an affidavit reflecting the stand of the
Government.
3. On the other hand learned counsel
Sri.A.X.Varghese appearing for the petitioner in W.P.
W.P.(C)No.11249 of 2010 & conn. cases
(C)38497/16 would submit that the petitioner be permitted
to serve notice on the quarry operators by paper
publication. He also prays for time to cross verify whether
some of the proposed respondents in his writ petition, are
common with those arrayed as respondents 8 to 42 in the
W.P.(C)35030/16. If some of the respondents are common,
the petitioner can save the cost of issuing notice to those
quarry operators.
4. Having noted the above, the matter be listed after
six weeks for the Government's response."
2. On 20.10.2021, we directed the respondents to file
their respective counter affidavits.
3. On this day, when the matters came up for further
hearing, Mr.S.Renjith, learned Special Government Pleader
submitted that only yesterday, he came to know that there are
other connected writ petitions. Even the present batch of writ
petition files are not handed over to him and, therefore, he
could not act, as per the directions issued on 20.10.2021.
4. Learned counsel for the respondents submitted that
there are other writ petitions on the very same subject matter,
W.P.(C)No.11249 of 2010 & conn. cases
relating to quarrying. Some matters pertain to activities of
quarrying in the lands assigned with patta under the Kerala
Land Assignment Act and others to quarrying where, patta is
issued for special purposes such as rubber plantation and
similar cultivation.
5. Learned counsel for the respondents further submitted
that a Hon'ble Division Bench of this Court has considered
similar issues and passed a detailed judgment, which has been
affirmed by the Hon'ble Supreme Court. He seeks permission to
submit a list of the connected writ petitions and also the
judgment of the Hon'ble Division Bench stated supra.
6. Permission is granted.
7. Let the respondents furnish a list of connected cases
and also a copy of the judgment of the Hon'ble Division Bench.
8. Mr.S.Renjith, learned Special Government Pleader, is
directed to collect all the case files and furnish the details as to
W.P.(C)No.11249 of 2010 & conn. cases
the extent of land, period of lease/licence, wherein quarrying
activities are permitted.
Post on 29.11.2021.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
11-11-2021 /True Copy/ Assistant Registrar
