Jamal Muhammad Sainulabdeen vs The Director, Mining And Geology
2021 Latest Caselaw 20525 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                     WP(C) NO. 2900 OF 2021
PETITIONER:

         JAMAL MUHAMMAD SAINULABDEEN,
         AGED 54 YEARS,
         S/O. JAMAL MUHAMMED,
         T.C.NO.1502(1), S S VILLA,
         THIRUMALA, THIRUVANANTHAPURAM, PIN-695006.

         BY ADV M.C.JOHN


RESPONDENTS:

    1    THE DIRECTOR, MINING AND GEOLOGY,
         DIRECTORATE,
         KESAVADASAPURAM, PATTOM PALACE P.O.,
         THIRUVANANTHAPURAM, PIN-695004.

    2    THE DEPUTY COLLECTOR (LR),
         COLLECTORATE, THRISSUR, PIN-680003.

    3    THE TAHSILDAR,
         TALUK OFFICE, THALAPPALLY,
         THRISSUR, PIN-680304.

         SRI.VIPIN NARAYANAN SR.GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 01.10.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.2900/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 1st day of October, 2021

The petitioner, who has applied for a mining permit,

is before this Court seeking to direct the 1 st respondent to

complete the process pursuant to Ext.P3 on the basis of

Ext.P2 order of the Taluk Land Board without waiting for any

further reports from respondents 2 or 3.

2. The petitioner's wife owns 4.9626 Hectares of

property in Varavoor Village of Thalappilly Taluk. The

petitioner was granted a Quarrying Lease for quarrying in the

said property. On 22.07.2019, the petitioner submitted

application to the 1st respondent-Director of Mining and

Geology, for a Quarrying Permit. The 3rd respondent Tahsildar

sent Ext.P1 communication dated 16.10.2019 intimating that

as the land was a part of rubber plantation, it stands excluded WP(C) No.2900/2021

from the ambit of surplus land under the Kerala Land Reforms

Act, 1963 and therefore quarrying cannot be permitted.

3. The petitioner states that the Taluk Land Board

(TLB), Thalappilly had initiated ceiling proceedings against the

predecessor-in-interest of the land and the Board by Ext.P2

order dated 30.09.1976 ordered that out of the total extent, 40

Acres of Rubber Plantation should be exempted. The family

of the declarant was found eligible to retain 15 Acres and

liable to surrender 1.96 Acre as excess land. The 15 Acres

retained was described as other dry land and could be used

for any purpose. The 3rd respondent, without conducting any

enquiry or verification, reported that the land included in the

rubber plantation cannot be permitted to be used for

quarrying.

4. The 1st respondent, instead of passing orders

based on Ext.P2 TLB order, wrote Ext.P3 letter dated

22.09.2020 to the 2nd respondent seeking clarification. No

clarification is sent by the 2 nd respondent so far. The

petitioner has filed the writ petition aggrieved by the WP(C) No.2900/2021

non-processing of his application.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The application for quarrying permit submitted by

the petitioner is not being processed and finalised, though the

application was submitted on 22.07.2019. From Ext.P2 order

of the TLB, it is discernible that the declarant in respect of the

land was permitted to retain 15 Acres of land. The petitioner

would contend that the land wherein the quarrying operations

are proposed, is the land permitted to be retained as per

Ext.P2 order.

7. The petitioner has made an application for

quarrying permit, which application is statutory in nature.

Therefore, the 1st respondent cannot sit over the application

indefinitely. The 1st respondent is bound to take a decision in

the matter within a reasonable time.

In the circumstances, the writ petition is disposed of

directing the 1st respondent to finalise the decision on the WP(C) No.2900/2021

application submitted by the petitioner for quarrying permit,

taking into consideration Ext.P2 order of the Taluk Land Board

also, within a period of three months. The petitioner shall

serve a copy of the writ petition and certified copy of this

judgment on the 1st respondent, for prompt compliance.

Sd/-

N. NAGARESH, JUDGE

aks/04.10.2021 WP(C) No.2900/2021

APPENDIX OF WP(C) 2900/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LETTER NO. A7-2113/18 DATED 16.10.2019 OF 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.TLB144/TPY OF THE TALUK LAND BOARD DATED 30.9.1976.

EXHIBIT P3 TRUE COPY OF THE LETTER NO.7017/M3/19 DATED 22.9.2020 OF FIRST RESPONDENT.

SR