Joby Joseph vs State Of Kerala
2022 Latest Caselaw 8526 Ker

Citation : 2022 Latest Caselaw 8526 Ker
Judgement Date : 6 July, 2022

Kerala High Court

Joby Joseph vs State Of Kerala on 6 July, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                       WP(C) NO. 20418 OF 2022
PETITIONER:
          JOBY JOSEPH,
          AGED 54 YEARS,
          S/O. K.J. JOSEPH,
          KOOLIPARAMBIL HOUSE, VELENILAM P.O,
          MUNDAKAYAM, KOTTAYAM - 686513.

          BY ADVS.
          K.MOHANAKANNAN
          A.R.PRAVITHA

RESPONDENTS:
    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT,
          THIRUVANANTHAPURAM - 695001.

    2     THE DIRECTOR OF MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTOM, PALACE P.O,
          THIRUVANANTHAPURAM - 695004.
    3     SENIOR GEOLOGIST,
          MINING AND GEOLOGY,
          DISTRICT OFFICE MINING & GEOLOGY,
          KOTTAYAM, COLLECTORATE, KOTTAYAM - 686002.

    4     GEOLOGIST,
          MINING AND GEOLOGY,
          DISTRICT OFFICE MINING & GEOLOGY KOTTAYAM,
          COLLECTORATE, KOTTAYAM - 686002.
    5     THE TAHSILDAR (LR),
          1ST FLOOR, MINI CIVIL STATION,
          KOTTAYAM - KUMILY ROAD, KOKKAPPALLY,
          KANJIRAPPALLY - 686555.

    6     THE VILLAGE OFFICER,
          MUNDAKAYAM VILLAGE OFFICE,
          MUNDAKAYAM, KOTTAYAM - 686513.

          SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.20418/2022

                                   2




                           JUDGMENT

Dated this the 6th day of July, 2022

The petitioner, who is an Ex-serviceman, is

before this Court aggrieved by the proceedings initiated by

the respondents as per Exts.P2 and P4.

2. The petitioner states that he is holding land in

Kottayam District where he wanted to start fish farming. The

petitioner has obtained licence from Industrial Department

for starting Fish Farm and Chick Farm in the 3 Acres of land

possessed by the petitioner. While the petitioner was

expanding the farm, Ext.P2 Stop Memo was issued to the

petitioner stating that illegal mining activities are being

conducted in the land. Later, Ext.P3 was issued by the

Police Inspector, Mundakkayam to the Village Officer,

alleging that illegal mining activity is being conducted in the

Garden Land.

WP(C)No.20418/2022

3. The petitioner states that the petitioner only

wanted to construct a fish farm and for that purpose, he dug

ponds in the property. While digging the ponds, granite

stones were found which were removed. The petitioner

never intended to get involved in any commercial activity

relating to granite stones. The Geologist prepared Ext.P5

Mahazar as early on 23.06.2021. So far, proceedings are

not concluded.

4. The petitioner submits that he has availed loans

from various financial institutions for running the fish farm

and the SARFAESI proceedings are pending. The delay in

granting permission to the petitioner to carry on with his fish

farming project will cause untold hardship and loss to the

petitioner. The petitioner, therefore, submitted Ext.P7

representation before the 3rd respondent seeking

permission to sell the granite stones on payment of any

fee/royalty that may be payable.

WP(C)No.20418/2022

5. The Government Pleader entered appearance

and resisted the writ petition. The Government Pleader

controverted all material allegations made by the petitioner

in the writ petition. It was submitted that Ext.P5 Mahazar

was prepared when illegal mining was detected.

6. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the

respondents.

7. The petitioner is a person who wants to start a

Fish Farming Project in his 3 Acres of land. It is the case of

the petitioner that while he was digging ponds for the fish

farm, granite stones were found and removed.

8. The question is whether the removal of granite

stones was accidental or it amounted to illegal mining or

commercial mining. The petitioner has submitted Ext.P7

representation in this regard before the 3rd respondent. This

Court is of the view that it will be only just and proper that WP(C)No.20418/2022

the 3rd respondent is directed to consider Ext.P7

representation submitted by the petitioner and take a

decision thereon in accordance with law.

In the circumstances, the writ petition is disposed

of directing the 3rd respondent to consider Ext.P7

representation submitted by the petitioner and take a

decision thereon in accordance with law, within a period of

one month, after giving an opportunity of hearing to the

petitioner.

Sd/-

PETITIONER'S EXHIBITS:

    Exhibit P1           TRUE   COPY    OF    THE     PROCEEDINGS
                         NO.K/150/2020    OF    THE    INDUSTRIES

PERMISSION GRANTED BY THE INDUSTRIES DEPARTMENT OR ASST INDUSTRIES OFFICER, KANJIRAPPALLY DATED 28-1-

Exhibit P2 TRUE COPY OF THE STOP MEMO NO.1/84/2021 DATED 14-3-2021 ISSUED BY THE VILLAGE OFFICER, Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.

183/TDR/21/MDKM DATED 10-5-2021 SENT BY THE POLICE INSPECTOR, MUNDAKAYAM Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.H4-

2764/2021/K.DIS DATED 14-6-2021 OF THE TAHSILDAR (LR) Exhibit P5 TRUE COPY OF THE MAHAZAR DATED 23-6-

2021 PREPARED BY THE GEOLOGIST Exhibit P6 TRUE COPY OF THE CHALAN RECEIPT DATED 16-8-2021 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 15-7-2021 SUBMITTED BY THE PETITIONER BEFORE THE SENIOR GEOLOGIST Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 19-10-2021 WAS FILED BY THE PETITIONER BEFORE THE DISTRICT FISHERIES OFFICER, KOTTAYAM