Kerala High Court
Parathode Granites Pvt. Ltd vs State Of Kerala on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021/1ST ASWINA, 1943
WP(C) NO. 15638 OF 2021
PETITIONER:
PARATHODE GRANITES PVT. LTD.,
MYSORE MALA P.O., MUKKAM, KOZHIKODE,
REPRESENTED BY ITS MANAGING DIRECTOR,
ABDUL AZEEZ C.K., AGED 49 YEARS,
S/O. AYAMMED K.K., CHEENATHAMKUZHIYIL HOUSE,
MALAYAMMA P.O., KOZHIKKODE DISTRICT.
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
P.S.SIDHARTHAN
MAYA M.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 DIRECTOR OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTAM PALACE P.O.,
THIRUVANANTHAPURAM, PIN-695 004.
3 DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
CIVIL STATION, KOZHIKODE, PIN-673 020.
4 TAHSILDAR, TALUK OFFICE,
CIVIL STATION,
KOZHIKODE, PIN-673 020.
BY GOVT.PLEADER SRI.VIPIN NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.15638/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 23rd day of September, 2021
Petitioner, which is an incorporated Company, has
filed this writ petition seeking to direct the 3 rd respondent to
consider Ext.P6 application in accordance with law and grant
quarrying lease within a time frame.
2. The petitioner states that the Company is in
possession of 5.1527 Hectares of land in Survey No.78/2A
(78/5 of Kumaranallur Village which was purchased by the
petitioner as per registered sale deed of the year 2009). The
land purchased by the petitioner was part of a larger extent of
293.53 Acres. In the land ceiling proceedings, it was found
that the lands owned by Fathima Estate are rubber plantation
and that there is no excess land. An extent of 17.60 Acres of
land lying within the aforesaid plantation was a rocky area,
which is evident from Ext.P9 proceedings.
WP(C) No.15638/2021
3. The petitioner purchased 5.1527 Hectares of land
from the aforesaid 17.60 Acres of rocky area. The petitioner
has been conducting a quarry and crusher unit in the said
property previously. The quarry cannot be continued for
certain reasons. The petitioner would submit that two other
quarries are functioning in the said area.
4. The petitioner decided to obtain quarrying lease
and resume the work. The petitioner submitted application for
that. The application submitted by the petitioner was
responded to by the District Geologist by Ext.P5. In Ext.P5,
the District Geologist stated that since the land in question is
an exempted land under Section 81 of the Kerala Land
Reforms Act, the petitioner cannot be granted mining permit.
The petitioner was required to give his explanation, if any. It is
challenging Ext.P5 that the petitioner is before this Court.
5. The learned Government Pleader submitted that
the petitioner has already made an application for grant of
quarrying permit as is evident by Ext.P6. No final decision has
been taken by the Geologist in Ext.P6 application. Ext.P6
WP(C) No.15638/2021
application will be considered in accordance with law. Ext.P5
is only a tentative decision taken by the District Geologist
which requires the petitioner to give his explanation. If the
explanation that will be given by the petitioner is satisfactory,
the application of the petitioner can be considered positively.
6. The learned counsel for the petitioner submitted
that the issue involved in the case is covered by a judgment of
this Court in R.V. Devassia and others v. The Sub
Registrar, Peerumedu [2015 (1) KLT 825]. The learned
counsel for the petitioner would also rely on a Division Bench
judgment of this Court in W.A. Nos.564/2017 and 612/2017,
which is produced as Ext.P8.
7. In the facts emerging from the writ petition, this
Court is of the opinion that since the application for grant of
quarrying permit is pending before the Senior Geologist, no
adjudication of the issue is necessary at this point of time.
This is so because by Ext.P5, the District Geologist has only
required the petitioner to give his explanation.
WP(C) No.15638/2021
In the circumstances, the writ petition is disposed of
permitting the petitioner to give a reply to Ext.P5 notice issued
by the District Geologist. After receipt of the explanation from
the petitioner, Ext.P6 application submitted by the petitioner
shall be considered in the light of the explanation given by the
petitioner as also the Division Bench judgment of this Court in
W.A. Nos.564/2017 and 612/2017 and the judgment in R.V.
Devassia and others (supra). A decision in this regard shall
be taken within a period of two months from the date of receipt
of the explanation from the petitioner.
Sd/-
N. NAGARESH, JUDGE
aks/24.09.2021
WP(C) No.15638/2021
APPENDIX OF WP(C) 15638/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT OF
THE PETITIONER'S PROPERTY DATED
20.4.2021.
Exhibit P2 TRUE COPY OF ENVIRONMENT CLEARANCE
NO.19/2017 DATED 23.9.2017.
Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE ISSUED BY THE POLLUTION CONTROL
BOARD TO PETITIONER DATED 13.4.2021.
Exhibit P4 TRUE COPY OF THE DEMARCATION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER.
Exhibit P4(a) TRUE COPY OF THE NON ASSIGNMENT
CERTIFICATE ISSUED BY THE VILLAGE
OFFICER.
Exhibit P4(b) TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 23.2.2021 ISSUED BY THE VILLAGE
OFFICER KUMARANELLUR VILLAGE.
Exhibit P5 TRUE COPY OF LETTER DATED 21.6.2019
ISSUED BY THE DISTRICT GEOLOGIST TO THE
PETITIONER.
Exhibit P6 TRUE COPY OF THE APPLICATION FOR
QUARRYING LEASE SUBMITTED BY THE
PETITIONER DATED 24.2.2021.
Exhibit P7 TRUE COPY OF THE CHALAN RECEIPT
EVIDENCING PAYMENT OF AN AMOUNT OF
RS.1000/- DATED 24.2.2021.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WA NO.564
OF 2017 IN WPC NO.28877/2016 DATED
4.4.2017.
Exhibit P9 TRUE COPY OF THE PROCEEDINGS DATED
30.9.1985 OF THE LAND BOARD OBTAINED
UNDER RIGHT TO INFORMATION ACT ALONG
WITH TYPED COPY AND COVERING LETTER
DATED 5.8.2021
ncd
