Kerala High Court
Sunil T.N vs The Kumaramangalam Grama ... on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 26412 OF 2021
PETITIONER:
SUNIL T.N.
AGED 56 YEARS
S/O.NARAYANAN,
THOTTUPURATH HOUSE,
KUMARAMANGALAM P.O., THODUPUZHA,
IDUKKI DISTRICT, PIN - 685 608.
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
RESPONDENTS:
1 THE KUMARAMANGALAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
KUMARAMANGALAM P.O., IDUKKI, PIN - 685 605.
2 THE SECRETARY
KUMARAMANGALAM GRAMA PANCHAYAT,
KUMARAMANGALAM P.O., IDUKKI, PIN - 685 605.
3 THE GEOLOGIST
MINING AND GEOLOGY DEPARTMENT,
DISTRICT OFFICE, MINI CIVIL STATION,
THODUPUZHA, IDUKKI, PIN - 685 584.
BY ADV.
SRI.BINU PAUL
SRI. RAJEEV JYOTHISH GEORGE, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26412 OF 2021
2
T.R.RAVI, J.
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WP(C) NO.26412 OF 2021
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Dated this the 04th day of March, 2022
JUDGMENT
The petitioner who is the owner of a property having an
extent of 0.7365 Hectares in Sy.Nos.90/3-1 and 90/4 in the
Kumaramangalam Village coming within the jurisdiction of the 1 st
respondent Panchayat had applied for development permit for the
purpose of making construction of a residential house after
developing the plot. The plot is a rocky terrain and it had to be
levelled by breaking and removing the rocks. The 1 st respondent
granted permit as per Exts.P5 and P6 whereby the petitioner was
permitted to remove 2808 metric tonnes. The petitioner contends
that a total quantity of 500 metric tonnes were broken down
without using explosives and the 3rd respondent by Ext.P8 issued
transit passes for transportation of the said 500 metric tonnes
between 10.11.2021 and 13.11.2021. While so, the 1 st respondent
issued Ext.P10 directing the petitioner to show cause against the
report of the Assistant Engineer which said that the petitioner has
conducted excessive mining activities than what was permitted.
WP(C) NO. 26412 OF 2021
Ext.P10 was followed by notice dated 16.11.2021 issued by the
Geologist who also relied on the letter of the Secretary of the
Panchayat to say that the permit granted for mining is being
cancelled. The notice further says that no mining activity shall be
conducted until the permission granted by the Panchayat is
restored. The petitioner has filed this writ petition challenging
Exts.P10 and P11.
2. The 1st respondent has filed a counter affidavit producing
along with the report of the Assistant Engineer, which stated
about excessive mining. The 3 rd respondent has filed a statement
after a site inspection conducted on 04.01.2022. It is stated that
on inspection, it is found that the petitioner has extracted around
500 metric tonnes of rock and that the rock extraction is on the
site where he has obtained land development permit. It is further
stated that the rock can be extracted by means of chemical and
mechanical devices and the land can be levelled for constructing
the building. The statement says that the balance stock of rock
extracted is found in the site and no excess quantity has been so
far extracted. In the statement, the Geologist has also stated that
if the Panchayat revokes the suspension of the development
permit, the Geologist will also revoke the stop memo and
permission can be granted to the petitioner to transport the
WP(C) NO. 26412 OF 2021
remaining quantity of rocks extracted and to be extracted, as has
been permitted in the development permit. In the light of the
categoric statement made by the Geologist, I find that the
reasoning in Exts.P10 and P11 are no longer warranted. The
petitioner is entitled to succeed in this writ petition.
3. In the result, the writ petition is allowed. Exts.P10 and
P11 are quashed. The petitioner is permitted to exploit the
development permit which has already been issued in his favour
and the Geologist shall also issue necessary transit passes after
verifying that what is being removed is what is allowed under the
development permit. The Panchayat is also at liberty to make site
inspection to ensure that the petitioner is complying with the
conditions in the development permit.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 26412 OF 2021
APPENDIX OF WP(C) 26412/2021
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT OF THE
PROPERTY COMING WITHIN SY.NO.90/3-1 DATED
08/6/2021.
Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT FOR THE
PROPERTY COMING WITHIN SY.NO.90/4 DATED
08/06/2021.
Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED
19/08/2021 ISSUED FROM THE VILLAGE OFFICE,
KUMARAMANGALAM TO THE PETITIONER.
Exhibit P4 A TRUE COPY OF THE LOCATION SKETCH PREPARED BY
THE VILLAGE OFFICER, KUMARAMANGALAM DATED
24/08/2021.
Exhibit P5 A TRUE COPY OF THE DEVELOPMENT PERMIT DATED
18/08/2021 ISSUED BY THE 1ST RESPONDENT ALONG
WITH THE APPROVED PLAN.
Exhibit P6 A TRUE COPY OF THE BUILDING PERMIT DATED
08/09/2021 ISSUED BY THE 1ST RESPONDENT ALONG
WITH THE APPROVED PLAN.
Exhibit P7 A TRUE COPY OF THE LOCATION SKETCH PREPARED BY
THE SURVEYOR WITH RESPECT TO THE PETITIONER'S
PROPERTY.
Exhibit P8 A TRUE COPY OF THE ORDER NO.66/2021-22/GBS/
DOI/1506/M/2021 DATED 10/11/2021 ISSUED BY THE
3RD RESPONDENT.
Exhibit P9 A TRUE COPY OF THE CHELLAN DATED 10/11/2021
EVIDENCING THE PAYMENT OF ROYALTY BY THE
PETITIONER.
Exhibit P10 A TRUE COPY OF COMMUNICATION NO.A22883/21 DATED
12/11/2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P11 A TRUE COPY OF THE ORDER NO.DOI/1506/M/21 DATED
16/11/2021 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
RESPONDENT'S EXHIBITS
Exhibit R1(A) THE TRUE COPY OF THE REPORT OF THE ASSISTANT
ENGINEER, LSGD SECTION, KUMARAMANGALAM DATED
11.11.2021
// TRUE COPY// PA TO JUDGE
