Anandavalliamma vs State Of Kerala
2022 Latest Caselaw 8754 Ker

Citation : 2022 Latest Caselaw 8754 Ker
Judgement Date : 7 July, 2022

Kerala High Court

Anandavalliamma vs State Of Kerala on 7 July, 2022

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                      WP(C) NO. 30326 OF 2021
PETITIONER:

            ANANDAVALLIAMMA
            AGED 83 YEARS
            W/O. V.G.BHASKARAN NAIR, PUTHUVATH HOUSE,
            KAROOR PAZHOOR P.O., ERNAKULAM -686664.
            BY ADV CHITRA JOHNSON

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL
         SELF GOVERNMENT, THIRUVANANTHAPURAM-695 001.
    2    MANEED GRAMAPANCHAYATH,
         MANEED-PIRAYOM ROAD, MANEED 686664,
         REPRESENTED BY ITS SECRETARY.
    3    THE GEOLOGIST,
         DEPARTMENT OF MINING AND GEOLOGY,
         ERNAKULAM 682020.
ADDL.R4. DIDEESH MON A.D.
         AGED 35 YEARS
         S/O. DASAN K.C., ASARIPARAMBIL HOUSE, KAROOR,
         PAZHOOR P.O., MANEED VILLAGE, MUVATTUPUZHA TLUK,
         ERNAKULAM DISTRICT, PIN- 686664.
ADDL.R5. ABHILASH.K.B
         AGED 40 YEARS
         S/O. BALAKRISHNAN, KARAMANKAL HOUSE,
         KAROOR, PAZHOOR P.O., MANEED VILLAGE,
         MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,
         PIN- 686664.

            ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED
            04.03.2022 IN I.A. 1/2022 IN WP(C) 30326/2021
            BY ADVS.SHRI.SUNU P. JOHN, SC, GRAMA PANCHAYAT
            K.N.CHANDRABABU
            SMT.DEEPA NARAYANAN, SR.GP
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   07.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.30326/2021

                                  2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.30326 of 2021
             ----------------------------------------------
            Dated this the 07th day of July, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of Certiorari calling for records relating to Exhibit P5 resolution and quash the same.

ii. To hold that petitioner is entitled to transport ordinary earth collected on the basis of Exhibit P3 permit.

iii. To hold that the 2nd respondent has no right to obstruct petitioner in transporting ordinary earth from the 2nd respondent gramapanchayath to outside.

iv. Grant such other reliefs as may be prayed for in the circumstances of the case.

(SIC)

2. According to the petitioner, she is an 82 year old

entrepreneur who had obtained all permits and licenses for

the manufacturing of Packaged Drinking Water under the

provisions of the Kerala Micro Small Medium Enterprises

Facilitation Act, 2019. The petitioner was granted Ext.P1 W.P.(C).No.30326/2021

building permit for digging of well/ water treatment building.

Ext.P2 development permit was also issued to the petitioner

by the Panchayath. Ext.P3 issued by the 3rd respondent

permitted the petitioner to remove 3632 metric ordinary earth

from the period 10.12.2021 to 18.12.2021. Even though

ordinary earth was removed, the petitioner was obstructed by

the Panchayath based on Ext.P5 resolution prohibiting

transportation of ordinary earth from the areas of the

Panchayath to outside. The 3rd respondent is empowered

under Kerala Minor Mineral Concession Rules, 1967 to

monitor the act of removing any material or minor mineral. It

is also the case of the petitioner that the 2 nd respondent

cannot usurp the powers vested on the 3 rd respondent and the

petitioner relied on the judgment of this Court in Shynymol v.

State of Kerala [2012 (3) KHC 404]. Hence this writ

petition is filed.

3. Heard the learned counsel for the petitioner,

learned Standing Counsel for the 2nd respondent and also the

learned Government Pleader. I also heard the learned counsel

for additional respondents 4 and 5.

W.P.(C).No.30326/2021

4. Admittedly the petitioner is having a building

permit and a development permit. The petitioner also

obtained permit from the 3rd respondent to remove ordinary

earth as evident by Ext.P3. The petitioner is aggrieved by

Ext.P5 resolution passed by the Panchayat by which the

removal of the ordinary earth is restricted. It is the case of

the petitioner that the Panchayat has no authority to pass such

an order. After going through the judgment of this Court in

Shynymol's case (supra), I think there is force in the

argument of the learned counsel for the petitioner. The

learned Standing Counsel for the Panchayat submitted that

there is no obstruction as alleged, and the building permit and

development permit are already issued to the petitioner. The

learned counsel for additional respondents 4 and 5 submitted

that the petitioner is violating Ext.P3 order and removing sand

beyond the limit. The learned counsel also submitted that they

are doing quarrying work in that area. If there is any violation

of Ext.P3 order, additional respondents 4 and 5 are free to

approach the 3rd respondent with a representation and if such

a representation is received, the 3 rd respondent will do the W.P.(C).No.30326/2021

needful. As far as Ext.P5 is concerned, the same is to be

quashed.

Therefore, this writ petition is disposed of in the

following manner:

1. Ext.P5 is set aside.

2. The petitioner is free to remove the ordinary

earth based on the transit permit, if any,

issued by the 3rd respondent.

3. Additional respondents 4 and 5 are free to

approach the 3rd respondent if there is any

violation of Ext.P3 order.

sd/-

                                           P.V.KUNHIKRISHNAN
JV                                                JUDGE
 W.P.(C).No.30326/2021





                 APPENDIX OF WP(C) 30326/2021

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE SITE APPROVAL AND