V.K.Rocks Pvt.Ltd vs State Of Kerala
2021 Latest Caselaw 18690 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                      WP(C) NO. 17707 OF 2021
PETITIONER:
           V.K.ROCKS PVT.LTD
           REP. BY ITS MANAGING DIRECTOR, MANJU JYOTHISH,
           W/O.JYOTHISH, AGED 36 YEARS, RESIDING AT VELLIAZHIKAM,
           MAYLODE P.O., POOYAPPALLY, KOLLAM 691 506

          BY ADVS.
          S.SREEKUMAR (SR.)
          AISWARYA V.S.
          VARNA MANOJ
          ARUN.B.VARGHESE



RESPONDENTS:
     1     STATE OF KERALA
           REP.BY PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     THE DISTRICT COLLECTOR
          OFFICE OF THE DISTRICT COLLECTORATE, KOLLAM 691 001

    3     THE TAHASILDAR
          TALUK OFFICE, KOTTARAKKARA, KOLLAM DISTRICT-691 506

    4     THE TALUK SURVEYOR
          TALUK OFFICE, KOTTARAKKARA, KOLLAM DISTRICT 691 506

    5     THE GEOLOGIST
          MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
          KOLLAM 691 001

    6     THE DIRECTOR
          DIRECTORATE OF MINING AND GEOLOGY, PATTOM PALACE P.O.,
          THIRUVANANTHAPURAM 695 004



          SRI.HANILKUMAR.M.H-SPL.GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17707 OF 2021

                                         2


                                 JUDGMENT

This writ petition is filed challenging Exts.P3, P4, P5, P6, P7, P9, P12

and P14 notices on the ground that the notices are violative of the

Principles of Natural Justice and have been issued without considering

the proper factual aspects of the matter.

2. Heard the learned senior counsel appearing for the petitioner

and the learned Special Government Pleader (Revenue).

3. It is submitted by the learned senior counsel appearing for the

petitioner that the petitioner had been granted Ext.P1 environmental

clearance for a granite building stone quarry in 3.2400 hectares of land

with a mineable area of 2.3526 hectares and a buffer zone of 00.8874

hectares in Resurvey Nos.215/4-1, 215/4-2, 215/5-1, 215/5-2, 215/6,

215/9-1, 215/9-2, 215/9-3, 215/10-1, 215/14, 215/15, 223/2, 223/9,

223/11/2-2-1, 223/11/2-2-2, 223/11-2-3, 223/11-2-4, 223/12, 223/13,

223/14, 223/15, 223/15-2, 223/18, 214/1 (Pt) in block no.34 of

Pooyappally Village, Kottarakkara Taluk, Kollam District. It is submitted

that the petitioner had conducted the quarry only for three months in

2018-19 after the grant of Ext.P1 clearance. It is stated that though WP(C) NO. 17707 OF 2021

quarrying was conducted as per the permissible quantity, the same

could not be sold in the 1st year and the petitioner had surrendered the

quantity of rock to the 5th respondent who had quantified and approved

the same. It is submitted that due to the Covid 19 pandemic, the

petitioner was forced to close down the quarry for several months from

March, 2020 onwards and that the quarry could not be conducted

thereafter. It is submitted that Ext.P3 notice had been issued to the

petitioner on 05.07.2021 by the Tahasildar stating that the petitioner

had quarried 341600 metric tonnes of granite from the quarry till

16.04.2021 and that he was liable to pay an amount of Rs.1,28,55,700 as

seigniorage. It is submitted that Ext.P7 show cause notice dated

22.07.2021 had also been issued by the Geologist to the petitioner for the

payment of amounts in respect of the rock quarried. Thereafter, Ext.P14

demand notice was also issued on 16.08.2021 requiring the payment of

Rs.1,49,83,084/- towards royalty and cost of the quarried stones. It is

submitted that on the ground that the amounts have not been paid,

Ext.P9 prohibitory orders have also been issued by the District Collector

against the petitioner.

WP(C) NO. 17707 OF 2021

4. The learned senior counsel for the petitioner submits that the

petitioner had submitted detailed objections to the notices received

stating that no excess quarrying had been carried out by the petitioner

and that the petitioner was not liable to pay the amounts as stated. It is

contended by the learned senior counsel that the prohibitory orders

issued without considering the explanations raised by the petitioner are

completely untenable and the contention that the petitioner is not liable

to pay the amounts is liable to be considered and an appropriate

decision taken thereon before orders in the nature of Ext.P9 order are

issued.

5. The learned Government Pleader submits, on instructions, that

it was after issuance of due notice and site inspection conducted in the

presence of the petitioner that the amounts due as royalty and

seigniorage and the cost of the stones in respect of the excess mining

carried out by the petitioner had been ascertained and the contention

that the petitioner did not have notice cannot be accepted. It is

contended that the instructions received is that no reply has been

received to Ext.P3. With regard to Ext.P7, it is contended that final

orders have not been rendered and the reply and the contentions raised WP(C) NO. 17707 OF 2021

by the petitioner will be considered before final orders are rendered in

the matter.

6. Having considered the contentions advanced on either side, I am

of the opinion that since Exts.P3 and P7 are only notices issued to the

petitioner with regard to the payment of royalty and seigniorage, the

respondents are duty bound to take note of the reply submitted by the

petitioner and to take a final decision in the matter in accordance with

law. In view of the fact that the demand notices have been raised and

Ext.P9 prohibitory order has been issued in the meanwhile, there will be

a direction that in case the petitioner makes payment of Rs.25 lakhs

each before the 3rd respondent and the 5th respondent in respect of

Exts.P3 and P7 notices respectively, (a total payment of Rs.50 lakhs),

within a week from the date of receipt of a copy of this judgment, the

prohibitory order shall be kept in abeyance and the issue with regard to

the payment of royalty and seigniorage as well as the cost of the stones

shall be duly decided by the 3 rd and 5th respondents in accordance with

law, after hearing the petitioner through any appropriate means

including video conferencing. The reply submitted before the 5 th

respondent shall be duly considered while passing orders as directed WP(C) NO. 17707 OF 2021

above. The petitioner will be permitted to submit a reply before the 3 rd

respondent. The contention of the petitioner with regard to the extent

of mining already carried out before the petitioner was issued with

Ext.P1 shall also be taken note of by respondents 3 and 5 and

appropriate speaking orders shall be rendered in the matter in

accordance with law. In case the petitioner makes the payments as

directed above, the coercive action against the petitioner on the basis of

Exts.P3 and P14 including Ext.P9 shall be kept in abeyance still orders

are passed as directed above. Appropriate orders shall be passed within

a period of one month from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 17707 OF 2021

APPENDIX OF WP(C) 17707/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE BEARING NO.B/DEIAA/11551/18 DATED 9.8.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KOLLAM

Exhibit P2 TRUE COPY OF THE LEASE DEED DATED 5.11.2018 WITH RESPECT TO THE WRIT PETITIONER

Exhibit P3 TRUE COPY OF THE NOTICE BEARING NUMBER B5-

4508/19 DATED 5.7.2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE REPORT BEARING NUMBER B14-

4508/19 DATED 16.4.2021 PREPARED BY THE 4TH RESPONDENT AND RECEIVED UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P5 TRUE COPY OF THE SKETCH PREPARED BY THE RESPONDENT AND RECEIVED UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P6 TRUE COPY OF THE LETTER DATED 5.7.2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT AND RECEIVED UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P7 TRUE COPY OF THE NOTICE BEARING NUMBER 3094/DOQ/S2/2017 DATED 22.7.2021 ISSUED BY THE 5TH RESPONDENT

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 30.7.2021 SUBMITTED BY THE WRIT PETITIONER BEFORE THE 5TH RESPONDENT

Exhibit P9 TRUE COPY OF THE ORDER NUMBER DCKLM7112/21/L12 DATED 8.8.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 13.8.2021 SUBMITTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT WP(C) NO. 17707 OF 2021

Exhibit P11 TRUE COPY OF THE FILE NUMBER DCKLM/6951/2020-

L2 DATED 8.8.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P12 TRUE COPY OF THE JOINT INSPECTION REPORT RECEIVED BY THE WRIT PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P13 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE WRIT PETITIONER BEFORE THE 5TH RESPONDENT ALONG WITH THE COMMENTS NOTED, RECEIVED UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P14 TRUE COPY OF THE DEMAND NOTICE NO.-

3094/DOQ/S2/2017 DATED 16.8.2021 ISSUED BY THE 5TH RESPONDENT

Exhibit P15 TRUE COPY OF THE LIC REGISTER RECEIVED BY THE WRIT PETITIONER FROM THE VILLAGE OFFICE, POYAPPALLY UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P16 TRUE COPY OF GOOGLE MAPS OF SY NO.214/1 OF POOYAPPALLY VILLAGE FOR THE PERIOD FROM 2015-

Exhibit P17 TRUE COPY OF THE APPLICATION DATED 4.8.2021 SUBMITTED BY THE MANAGING DIRECTOR OF THE WRIT PETITIONER BEFORE THE VILLAGE OFFICER POOYAPPALLY UNDER RIGHT TO INFORMATION ACT.

Exhibit P18 TRUE COPY OF THE REPLY DATED 18.8.2021 ISSUED BY THE VILLAGE OFFICER, POOYAPPALLY TO EXHIBIT P17 APPLICATION.