Anthony vs State Of Kerala
2022 Latest Caselaw 1842 Ker

WP(C) NO.2899 OF 2022
                               -: 1 :-




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                        WP(C) NO.2899 OF 2022
PETITIONER :-

           ANTHONY, AGED 75 YEARS
           S/O.KOCHAPPAN, MANJALI HOUSE, VETTUKADU.P.O.,
           THRISSUR DISTRICT, PIN-680 014.

           BY ADVS.
           V.M.KRISHNAKUMAR
           P.R.REENA


RESPONDENTS :-

     1     STATE OF KERALA REPRESENTED BY SECRETARY,
           DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695 001.

     2     DIRECTOR OF MINING AND GEOLOGY,
           OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY,
           KESAVADASAPURAM, PATTOM PALACE P.O.,
           THIRUVANANTHAPURAM-695 004.

     3     THE DISTRICT DISASTER MANAGMENET AUTHORITY,
           REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR,
           CIVIL STATION, AYYANTHOLE, THRISSUR, PIN-680 003.

     4     DISTRICT COLLECTOR, THRISSUR,
           COLLECTORATE, CIVIL STATION, AYYANTHOLE,
           THRISSUR, PIN-680 003.

     5     TAHSILDAR (LR),
           TALUK OFFICE, OPP. THRISSUR TOWN HALL, CHEMBUKKAV,
           THRISSUR, PIN-680 003.

     6     DISTRICT GEOLOGIST, THRISSUR,
           OFFICE OF THE DISTRICT GEOLOGIST, CHEMBUKKAVU,
 WP(C) NO.2899 OF 2022
                             -: 2 :-

           THRISSUR, PIN-680 020.

  ADDL.7   REVENUE DIVISIONAL OFFICER, THRISSUR
           FIRST FLOOR, CIVIL STATION, CIVIL LINES RD,
           AYYANTHOLE, THRISSUR, PIN - 680 003.

           ADDITIONAL 7TH RESPONDENT IS IMPLEADED AS PER ORDER
           DATED 18.2.2022 IN I.A.No.1/2022.

           SRI.S.KANNAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.2899 OF 2022
                                    -: 3 :-


                                JUDGMENT

Dated this the 18th day of February, 2022

This writ petition is filed seeking the following reliefs :-

"(i) Call for the records leading to Ext.P8 and issue a writ in the nature of certiorari Ext.P8.

(ii) Issue a writ in the nature of mandamus commanding the 1st respondent to exercise powers under Section 30 of the Disaster Management Act 2005 and permit the petitioner to avoid the imminent disaster mentioned in Exts.P2 to P5, by permitting removal of 13253.773 M3 of ordinary earth from petitioner's property, within such time as may be fixed by this Hon'ble Court.

(iii) Issue a writ in the nature of mandamus commanding the 1st respondent to consider and pass orders on Ext.P9 in the light of Exts.P2 to P5 and permit the petitioner to remove 13253.773 M3 of ordinary earth, within such time as may be fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is the owner in possession of 54 cents of land in

Survey No.949/2 of Puthur Village in Thrissur Taluk of Thrissur

District. It is submitted that the petitioner had obtained

permission for construction of a building and for removal of

ordinary earth for the said purpose. It is submitted that the

petitioner could not utilise the sanction fully and that there is WP(C) NO.2899 OF 2022

ordinary earth lying on the southern side of the property in a

dangerous situation, which is causing threat to the petitioner as

well as neighbouring property owners. It is submitted that the

petitioner has made a request before the authorities for permission

to remove the said ordinary earth. It is submitted that the request

has been replied by the Geologist stating that appropriate action

has to be taken for obtaining permission from the Government

under Rule 104 of the Kerala Minor Mineral Concession Rules.

The learned counsel for the petitioner submits that the petitioner

has, thereafter, preferred Ext.P10 representation before the

Revenue Divisional Officer for NOC for the purpose of approaching

the Government under Rule 104.

4. Having heard the learned Government Pleader also, I

am of the opinion that since the petitioner has now preferred

Ext.P10 request for NOC before the Revenue Divisional Officer, the

same is liable to be considered in accordance with law.

There will, accordingly, be a direction to the 7 th

respondent to take up Ext.P10 and consider and pass orders on the

same within a period of three weeks from the date of receipt of a

copy of this judgment. In case Ext.P10 request is allowed and NOC

is granted by the Revenue Divisional Officer, then the request of WP(C) NO.2899 OF 2022

the petitioner as evidenced by Ext.P9 shall be forwarded with all

supporting documents through the 6th respondent and the

Industries Department to the 1st respondent, who shall consider the

representation in accordance with law. The entire proceedings

shall be completed within a period of six weeks thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.2.2022 WP(C) NO.2899 OF 2022

APPENDIX OF WP(C) 2899/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF BASIC TAX RECEIPT DATED 01.07.2021 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF LETTER DATED 28.01.2021 OF PUTHUR PANCHAYATH TO THE GEOLOGIST.

Exhibit P3 TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR TO THE DISTRICT COLLECTOR DATED 26.02.2021.

Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER TO THE TAHSIDLAR DATED 20.02.2021.

Exhibit P5 TRUE COPY OF THE REPORT DATED 28.09.2021 SUBMITTED BY THE GEOLOGIST TO THE DISTRICT COLLECTOR.

Exhibit P6 TRUE COPY OF THE LETTER DATED 27.10.2021 OF THE DISTRICT COLLECTOR TO THE TAHSILDAR.

Exhibit P7 TRUE COPY OF THE LETTER DATED 15.01.2022 ISSUED BY THE GEOLOGIST TO THE PETITIONER.

Exhibit P8 TRUE COPY OF THE LETTER DATED 19.01.2022 OF THE DISTRICT COLLECTOR TO THE PETITIONER.

Exhibit P9 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.01.2022.

Exhibit P10 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER THRISSUR DATED 28.1.2022.