Manu Anand vs State Of Kerala
2022 Latest Caselaw 126 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                       WP(C) NO. 10670 OF 2020
PETITIONER:

          MANU ANAND,
          AGED 45 YEARS
          S/O.LATE T.G.A. NAIR,
          RESIDING AT 'ARAKKAL PUTHEN VEEDU HOUSE,
          SHANTHI LANE, THOTTAKKATTUKARA.P.O,
          ERNAKULAM DISTRICG-683 108

          BY ADVS.
          RAJAN VISHNURAJ
          SRI.V.HARISH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF INDUSTRIES, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001

    2     DEPUTY SECRETARY AND APPELLATE AUTHORITY
          DEPARTMENT OF INDUSTRIES, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001

    3     DIRECTOR
          DEPARTMENT OF MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTOM, PALACE.P.O,
          THIRUVANANTHAPURAM-695 004

    4     GEOLOGIST,
          ERNAKLAM DISTRICT,
          DEPARTMENT OF MINING AND GEOLOGY,
          CIVIL STATION, SEAPORT AIRPORT ROAD,
          KAKKANADU, ERNAKULAM-682 030

    5     DISTRICT COLLECTOR
          ERNAKULAM DISTRICT, CIVIL STATION,
          KAKKANAD, ERNAKULAM-682 030

    6     TAHSILDAR(LR)
          TALUK OFFICE, ALUVA
 WP(C) NO. 10670 OF 2020
                                2

    7     DIRECTOR OF SURVEY AND LAND RECORDS,
          DIRECTORATE OF SURVEY AND LAND RECORDS,
          SURVEY BHAVAN, COTTON HILL ROAD, COTTON HILL,
          VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

    8     DISTRRICT SURVEY SUPERINTENDENT,
          ERNAKULAM, CIVIL LINE ROAD, ECHAMUKU,
          CHEMBUMUKKU, KOCHI-682 021

    9     TALUK SURVEYOR,
          TALUK SURVEY OFFICE, ALUVA

    10    M/S.ANGEL GRANITES AND CRUSHERS PVT LTD.,
          P.O.PONNURUNNI, ERNAKULAM DISTRICT-682 019
          REPRESENTED BY ITS MANAGING DIRECTOR
          SRI.K.J.PAUL

          THE ADDRESS OF 10TH RESPONDENT IS CORRECTED AS
          ANGEL GRANITE'S AND CRUSHERS PRIVATE LIMITED,
          BUILDING NO.42/3075, SOUMYA NAGAR ROAD,
          ALINCHUVADU, KOCHI, ERNAKULAM-682 024.
          REPRESENTED BY ITS MANAGING DIRECTOR, SRI.K.J.PAUL.

          AS PER ORDER DATED 03-11-20 IN IA 1/20 IN WP(C)
          10670/2020.

    11    A.K.MANOJ
          GEOLOGIST ERNAKULAM DISTRICT,
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          SEAPORT AIRPORT ROAD, KAKKANADU, ERNAKULAM-682 030

    12    SUNIL KUMAR,
          ASSISTANT GEOLOGIST, ERNAKULAM DISTRICT,
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          SEAPORT AIRPORT ROAD, KAKKANADU, ERNAKULAM-682 030

    13    MANJU.C.S
          ASSISTANT, GEOLOGIST, ERNAKULAM DISTRICT,
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          SEAPORT AIRPORT ROAD, KAKKANADU, ERNAKULAM-682 030

    14    BADRUDHEEN
          ASSISTANT, GEOLOGIST, ERNAKULAM DISTRICT,
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          SEAPORT AIRPORT ROAD, KAKKANADU, ERNAKULAM-682 030
 WP(C) NO. 10670 OF 2020
                                3


    15    BENNY VARGHESE,
          TALUK SURVEYOR, TALUK SURVEY OFICE, ALUVA

          ADDRESS OF R15 IS CORRECTED AS
          'BENNY VARGHESE, NELLICKAL HOUSE,
          NEAR CANAL PALAM JUNCTION,
          NELLIMATTOM P.O., RAYAMANGALAM-683 545
          AS PER ORDER DATED 09-03-2021 IN IA 1/21.

    16    PREMAM
          HEAD SURVEYOR, SURVEY DEPARTMENT,
          ERNAKUALM DISTRICT.

    17    BABU
          TAHSILDAR, ALUVA TALUK OFFICE, ALUVA,
          ERNAKULAM DISTRICT.

          BY ADVS.
          SRI.K.JAJU BABU (SR.)
          SRI.M.A.ABDUL HAKHIM
          SMT.M.U.VIJAYALAKSHMI
          SRI.JOSEPH GEORGE (KANNAMPUZHA)
          SRI.BRIJESH MOHAN



          SRI. RAJEEV JYOTHISH GEORGE, GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10670 OF 2020
                                      4



                            T.R.RAVI, J.
                     ----------------------------------------
                      WP(C) NO.10670 OF 2020
                    -------------------------------------------
              Dated this the 11th day of January, 2022

                            JUDGMENT

When the case is taken up today, the counsel for the

petitioner submits that on 22.01.2020 Ext.P20 had been issued

on behalf of the Director of Mining and Geology wherein it is

stated that a fresh site inspection is to be conducted in order to

ascertain if there has been excessive mining in accordance with

the directions contained in Ext.P12 order and to ascertain

whether the quantity ascertained earlier was correct. It is

submitted that pursuant to Ext.P20, no further action has been

taken. The counsel submits that he will be satisfied with a

direction to take Ext.P20 to a logical end. The counsel for the

contesting respondents submits that it is in his interest also

that there is a proper assessment of the actual quantity mined

In the above circumstances, the writ petition is disposed

of directing the 3rd respondent to take necessary further action

on Ext.P20 memo if necessary after constitute a team for

ascertaining the factual aspects. The 3rd respondent shall issue

necessary notice to the petitioner as well as the 10 th WP(C) NO. 10670 OF 2020

respondent and the inspections may be conducted in their

presence. Consequential orders shall be issued within two

months from the date of receipt of a copy of this judgment. It is

made clear that this Court has not gone into the merits of the

contentions of either parties.

Sd/-

T.R.RAVI

JUDGE

sn WP(C) NO. 10670 OF 2020

APPENDIX OF WP(C) 10670/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF THE COMMON JUDGMENT DATED 13.11.2015 IN WPC NO.19585 AND 32703 OF 2015 PASSED BY THE HON'BLE COURT

EXHIBIT P2 A TRUE PHOTOCOPY OF THE REPORT DATED 18.06.2016 SUBMITTED BY THE 8TH RESPONDENT BEFORE THE 5TH RESPONDENT

EXHIBIT P3 A TRUE PHOTOCOPY OF COMMUNICATION DATED 19.11.2016 FROM THE 5TH RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P4 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 07.04.2017 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P5 A TRUE PHOTOCOPY OF THE NOTICE DATED 26.04.2017 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P6 A TRUE PHOTOCOPY OF THE LAND INSPECT MAHZAR PREPARED BY THE ASSISTANT GEOLOGIST, ERNAKULAM

EXHIBIT P7 A TRUE PHOTOCOPY OF THE SHOWCAUSE NOTICE DATED 11.05.2017 ISSUED BY THE 4TH RESPONDENT TO TH 10TH RESPONDENT

EXHIBIT P8 A TRUE PHOTOCOPY OF THE REPLY DATED 18.05.2017 PREFERRED BY THE 10TH RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P8(A) A TRUE PHOTOCOPY OF THE ORDER DATED 31.05.2017 ISSUED BY THE 6TH RESPONDENT TO THE 10TH RESPONDENT

EXHIBIT P9 A TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 11.07.2017 ISSUED BY THE 4TH RESPONDENT TO THE 10TH RESPONDENT

EXHIBIT P10 A TRUE PHOTOCOPY OF THE REQUISITION FOR RECOVERY OF AMOUNT DATED 16.09.2017 ISSUED BY THE 4TH RESPONDENT TO THE 10TH RESPONDENT WP(C) NO. 10670 OF 2020

EXHIBIT P11 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.12.2017 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.41587/2017

EXHIBIT P12 A TRUE PHOTOCOPY OF THE ORDER 10.01.2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P13 A TRUE PHOTOCOPY OF THE RE-SURVEY REPORT PREPARED BY THE ASSISTANT GEOLOGIST, TAHSILDAR, ALUVA, TALUK AND HEAD SURVEYOR

EXHIBIT P14 A TRUE PHOTOCOPY OF THE SKETCH AND REPORT SUBMITTED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P15 A TRUE PHOTOCOPY OF THE SITE INSPECTION MAHZAR DATED 14.05.2019 PREPARED BY THE GEOLOGIST, ASSISTANT GEOLOGIST, TALUK TAHSILDR AND TALUK SURVEYOR

EXHIBIT P16 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 24.06.2019 FROM THE 4TH RESPONDENT TO THE 3RD RESPONDENT

EXHIBIT P17 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 30.12.2019 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P18 A TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT CARD RECEIVED FROM THE OFFICE OF THE 1ST RESPONDENT

EXHIBIT P19 A TRUE PHOTOCOPY OF THE REPLY LETTER NO.195/A4/2019/ID DATED 16.09.2019 ISSUED UNDER RTI ACT

EXHIBIT P20 A TRUE PHOTOCPY OF THE MEMO.NO.4033/M2/2018 DATED 22.01.2020 ISSED BY THE DIRECTOR OF MINING AND GEOLOGY

EXHIBIT P21 A TRUE PHOTOCOPY OF THE LETTER NO.DOE/1071/E1/2020 DATED 24.06.2020 FROM THE GEOLOGIST, ERNAKULAM

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE