Michael T. Mathew vs State Of Kerala
2022 Latest Caselaw 12530 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                     WP(C) NO. 26298 OF 2022
PETITIONER:

            MICHAEL T. MATHEW
            AGED 70 YEARS
            SON OF MATHEW,
            RESIDING AT THEKKUMKATTIL HOUSE,
            CHUNDACHERI P. O.,
            KOTTAYAM DISTRICT, PIN - 686 579.

            BY ADVS.
            ABRAHAM GEORGE JACOB
            C.MURALIKRISHNAN
RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
            KERALA IN THE DEPARTMENT OF MINING AND GEOLOGIST,
            SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.
    2       THE DISTRICT COLLECTOR,
            KOTTAYAM DISTRICT, COLLECTORATE P.O.,
            CIVIL STATION, KOTTAYAM, PIN - 686 002.
    3       THE GEOLOGIST,
            OFFICE OF THE DISTRICT GEOLOGIST DEPARTMENT
            MINING AND GEOLOGY, CIVIL STATION,
            COLLECTORATE P. O.,
            KOTTAYAM DISTRICT, PIN - 686 002.
    4       THE VILLAGE OFFICER,
            BHARANANGANAM VILLAGE,
            MEENACHIL TALUK, PALAI,
            KOTTAYAM DISTRICT, PIN - 686 002.
    5       LISSIAMMA MICHAEL
            RESIDING AT THEKKUMKATTIL HOUSE,
            CHUNDACHERI P. O.,
            KOTTAYAM DISTRICT, PIN - 686 579.

            SRI. B.S SYAMANTHAK - GP
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.12.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26298 OF 2022

                                2



                            JUDGMENT

Alleging indiscriminate quarrying in the property

comprised in Resurvey No.56/1 in Block No.36 of

Bharananganam Village belonging to the 5 th

respondent, the wife of the petitioner, Exts.P2 and P4

notices were issued to the petitioner by the 3 rd

respondent for initiating action for illegal quarrying.

According to the petitioner, he has no interest in the

property of his wife and that the proceedings as

against him pursuant to Exts.P2 and P4 cannot be

proceeded with. The petitioner, therefore, filed

Exts.P3 and P5 objections to Exts.P2 and P4. Since

proceedings pursuant to Exts.P2 and P4 are not

dropped, this writ petition is preferred.

2. A counter affidavit is filed on behalf of the

3rd respondent and paragraph 5 of the counter

affidavit reads as follows:-

WP(C).No.26298 OF 2022

"5. It is respectfully submitted that a complaint regarding indiscriminate quarrying has been received in the office of this respondent in the aforesaid land. The Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau vide letter dated 07.03.2022 called for the report details on the action taken on the complaint regarding illicit quarrying in the aforesaid land violating the Rules. As per the Rule 3(3) of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, '2015 "No person shall transport to be transported any mineral or mineral products by any carrier without having a valid mineral transit pass under these Rules". By virtue of Rule 108 (2) of the Kerala Minor Mineral Concession Rules, 2015 "Whenever any person raises without any lawful authority any mineral irom any land, the Government or the competent authority may recover from such person or the occupier of the land the mineral so raised, or where such mineral has already been disposed of, the price thereof, and may also recover from such person rent, royalty or tax, as the case may be, for the mineral extracted by such person or occupier the land without any lawful authority". In order to take action as per the Kerala Minor Mineral Concession Rules, 2015 show cause notice No.1927/DOY/ML/2021 dated 07.03.2022 was sent the Land owner Smt.Lisamma Michale and the petitioner. On 16.03.2022 Smt.Lisamma Michael has submitted a reply that quarrying has been done for construction of building. Since the entire area has been quarried transporting the said granite without valid permission or transit passes violating the Kerala Minor Miner Concession Rules 2015/the Kerala Minerals (Prevention of Illegal Mining Storage and Transportation) Rules, 2015 demand notice No.1931/DOY/ML/2021 dated 10.06.2022 was WP(C).No.26298 OF 2022

sent to Smt.Lisamma Michale and the petitioner. It is submitted that as per the revenue records the land in Block 36, Resurvey No.56 Comprising of 15.36 ares of land is in the ownership of Smt.Lisamma, W/o Michale T Mathew. The notice was sent to both Smt.Lisamma Michale and the petitioner. The issuance of notice to the petitioner was due to an inadvertent mistake. This respondent will rectify the same in the follow up action regarding the offence."

(emphasis supplied)

Since it has been stated in the counter affidavit

that the proceedings initiated against the petitioner

was by an inadvertent mistake and steps are being

taken to withdraw the proceedings as against the

petitioner, I am of the view that, nothing survives to

be considered in the writ petition.

Recording the affidavit of the 3 rd respondent as

extracted above, the writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.26298 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

     EXHIBIT P1          TRUE COPY OF THE DEVELOPMENT PERMIT
                         DATED   22/04/2021    ISSUED     BY   THE

BHARANANGANAM GRAMA PANCHAYATH. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 10/06/2022 ISSUED BY THE 3RD RESPONDENT GEOLOGIST.

EXHIBIT P3 TRUE COPY OF THE REPLY NOTICE DATED 14/03/2022 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 07/03/2022 ISSUED BY THE 3RD RESPONDENT GEOLOGIST TO THE PETITIONER.

     EXHIBIT P5          TRUE COPY OF THE REPLY GIVEN BY THE
                         PETITIONER   TO    EXHIBIT    P4    DATED
                         27/06/2022.

     RESPONDENTS EXHIBITS:     NIL.