Kerala High Court
Vinod V vs The Joint Secretary on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF JANUARY 2023/22ND POUSHA, 1944
WP(C) NO. 25464 OF 2022
PETITIONER:
VINOD V
AGED 43 YEARS
S/O VISWAMBHARAN, ALAMPALLIL, PILAPPUZHA,
HARIPPAD, ALAPPUZHA, KERALA, PIN-690514
BY ADVS.
SANTHOSH PETER (MAMALAYIL)
P.N.ANOOP
M.S.SANDEEP SUDHAKARAN
ROHIT LOBO
RESPONDENTS:
1 THE JOINT SECRETARY,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN - 695001
2 THE DIRECTOR,
MINING AND GEOLOGY, DIRECTORATE OF MINING AND
GEOLOGY, KESAVADASAPURAM, PATTAM PALACE PO
THIRUVANANTHAPURAM PIN - 695004.
3 DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY
DISTRICT OFFICE, MINI CIVIL STATION
1ST FLOOR, CHERTHALA, ALAPPUZHA, PIN-688524
4 THE VILLAGE OFFICER
CHINGOLIL, ALAPPUZHA, PIN - 690516
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.25464/2022
:2:
N. NAGARESH, J.
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W.P.(C) No.25464 of 2022
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Dated this the 12th day of January, 2023
JUDGMENT
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The petitioner, who is doing Granite aggregates
sale with valid permits, is before this Court seeking to quash
Exts.P5 and P9. Ext.P5 is a Stop Memo which restrained the
petitioner from storage and sale of minerals as his Dealers
Licence is not renewed. Ext.P9 is a decision of the 1 st
respondent-Joint Secretary to the Government directing the
District Geologist to levy and recover the penalty amount
from the petitioner.
2. The petitioner states that the 3 rd respondent-
Geologist has issued licence to the petitioner to stock, sell
and exhibit for sale of minerals, under the Kerala Minor
Mineral Concession Rules, 2015. Ext.P1 licence was issued
W.P.(C) No.25464/2022
for storing 4000 MT minerals valid till 16.09.2021. The
petitioner states that he could not apply for renewal of licence
in time due to the non-availability of Certificate from National
Highways Authority. The petitioner, however, applied for
renewal on 11.10.2021.
3. Thereupon, an Assistant Geologist visited the site
and recorded that there is discrepancy in stock. The 3 rd
respondent-Geologist issued requests to the 4 th
respondent-Village Officer and the SHO to stop the
functioning of the petitioner's business. When the petitioner
approached the 3rd respondent for renewal of licence, the
3rd respondent issued Ext.P5 Stop Memo and Ext.P6
demand notice for `85,872/-. The appeal filed by the
petitioner against demand notice was rejected by the 1 st
respondent-Joint Secretary, Industries Department as per
Ext.P9.
4. The petitioner states that Ext.P6 demand notice is
illegal as there was no show-cause notice preceding Ext.P6.
There was no proper inspection. Statutory formalities were
W.P.(C) No.25464/2022
not followed before issuing Ext.P5 Stop Memo. The
petitioner's appeal was not properly considered. Exts.P5 and
P9 are therefore liable to be quashed, contended the
petitioner.
5. The 3rd respondent-Geologist resisted the writ
petition. The 3rd respondent submitted that the petitioner
holds two Dealers licence. One is situated near the NTPC
Quarters Road, on the western side of Harippad
Kayamkulam Stretch of NH. The other is on the eastern side
of the NH. The licence of the latter unit is valid up to
12.09.2022.
6. In the routine checking, the 3 rd respondent
inspected the land in question and found that the petitioner
had been stocking and selling granite aggregates in the
guise of the Dealers Licence issued to him on the other side
of the National Highway. The 3rd respondent instructed the
petitioner to stop all sorts of activities in the area and also
measured the quantity stocked in the premises and prepared
a mahazar. The 3rd respondent requested the petitioner to
W.P.(C) No.25464/2022
put signature on the mahazar but he refused to do that. The
stocked aggregates were measured and recorded in the
mahazar and also took photographs of the area.
7. The petitioner has experience in the field. So, the
3rd respondent orally instructed the petitioner to come over
the office of the 3rd respondent and remit fine for the variation
seen in the stock. The petitioner already generated transit
pass through KOMPAS Portal (Kerala Online Mining Permit
Awarding Services). Verifying the online stock, it shows that
1564.04 MT of granite aggregates were stocked in the site
up to 16.09.2021. But, in the field verification, it is found that
only 300 MT of aggregates were stocked in the site. Instead
of remitting the fine amount, the petitioner submitted renewal
application on 11.10.2021 for stocking and selling of granite
aggregates in the land in question. The 3 rd respondent has
no objection to renew the application after compounding the
offence as per rules.
8. As per Rule 32 of the Kerala Minerals (Prevention
of Illegal Mining, Storage and Transportation) Rules, 2015,
W.P.(C) No.25464/2022
any offence punishable under the rules may, either before or
after the institution of the prosecution, be compounded by
the person authorised under Section 22 of the Mines and
Minerals (Development and Regulation) Act, 1957 or Clause
(ii) of Rule 2 of the rules to make a complaint to the Court
with respect to that offence, on payment to that person, for
credit to the Government, of such sum as that person may
specify.
9. Rule 33 says that the Police Officers and Officers
of Department of Land Revenue to render assistance to
authorities under the rules. The Police Officers and Officers
of Department of Land Revenue shall render necessary
assistance to the Competent Authority or the authorised
officer in the exercise of his powers under these rules in the
matter of prevention of illegal mining, stocking and
transportation of minerals.
10. In this context, the petitioner has to pay the royalty
price and fine for the stock variation of 1264 MT of granite
aggregates in the petitioner's site. But, the petitioner refused
W.P.(C) No.25464/2022
to obey the rules. The 3 rd respondent on 13.10.2021 sent a
letter to the Station House Officer, Harippad and the
Tahsildar, Karthikappally to take stringent action to stop all
sorts of activities in the land in question. Matter was also
intimated to the Village Officer, Chingoli and the Secretary,
Chingoli Grama Panchayat. Based on the letter of the 3 rd
respondent, the Station House Officer, Harippad on
13.10.2021 directed to issue stop memo to the petitioner and
offered help from the Station House Officer to stop the illegal
activities by the petitioner. As per the request from the
Station House Officer, Harippad, the 3 rd respondent
immediately issued notice to the petitioner on 20.10.2021 to
stop all sorts of activities in the petitioner's stocking yard.
11. Instead of remitting the fine amount, the petitioner
approached this Court with W.P.(C) No.24061/2021. This
Court by judgment dated 01.12.2021 held that "It is
submitted by the learned counsel for the petitioner that as
against Exts.P2 and P3, the petitioner has moved a statutory
appeal which may be disposed of at the earliest. Without
W.P.(C) No.25464/2022
prejudice to the right of the petitioner to pursue the statutory
appeal and with a direction to the respondents to consider
and pass orders on the same expeditiously, this writ petition
is closed".
12. Based on the judgment, the petitioner approached
the Joint Secretary, Industries and filed an appeal petition.
The appellate authority-Joint Secretary, Industries (A)
Department conducted a hearing. The petitioner's counsel
and the 3rd respondent were heard on 21.03.2022. Based on
the hearing, the Joint Secretary gave direction to the Director
of Mining and Geology to appoint a Geologist from the
Directorate of Mining and Geology and to conduct a detailed
investigation and also directed to verify the register of the
petitioner and the office of the 3rd respondent.
13. The 2nd respondent appointed a Geologist from
the directorate for detailed investigation. Based on the report
from the Director of Mining and Geology, the appellate
authority passed the final order in appeal petition on
02.08.2022. The petitioner approached this Court against the
W.P.(C) No.25464/2022
order of the appellate authority and filed this writ petition.
The petitioner is still doing the business without obtaining
valid licence from the authority concerned, pointed out the 3 rd
respondent.
14. I have heard the learned counsel for the petitioner
and the learned Senior Government Pleader representing the
respondents.
15. It is evident from the pleadings and arguments
that the petitioner is running two granite aggregates units,
one on the western side of Harippad- Kayamkulam Highway
and one on the eastern side. The Dealers Licence of the Unit
at western side of the National Highway expired on
16.09.2021. However, the petitioner has stocked and
exhibited materials at the western side unit, on the basis of
the other licence. Field verification showed that the petitioner
has stocked 300 MT in the western unit of which the licence
stood expired.
16. The petitioner has to pay royalty and fine for the
1264 MT of granite aggregates. The petitioner refused to
W.P.(C) No.25464/2022
pay. Hence, notice was issued. Later, a Demand Notice was
issued. The petitioner filed an appeal which was dismissed
by the Joint Secretary as per Ext.P9. Ext.P9 is a considered
and reasoned order.
17. The petitioner has unauthorisedly without licence
stored for exhibition and sale granite aggregates in the unit in
question. I do not find any procedural irregularity in the
action taken by the respondents in issuing Exts.P5, P6 or P9.
The writ petition is therefore without any merit and
it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/06.01.2023
W.P.(C) No.25464/2022
APPENDIX OF WP(C) 25464/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE ISSUED TO THE
PETITIONER DATED 17/9/ 2020
Exhibit P2 TRUE COPY OF THE LICENSE RENEWAL
APPLICATION DATED 11/10/2021
Exhibit P3 TRUE COPY OF THE MAHAZER DATED
05/10/2021
Exhibit P4 TRUE COPY OF THE REQUISITION OF THE
3RD RESPONDENT DATED 13/10/2021 TO THE
SHO HARIPPAD
Exhibit P5 TRUE COPY OF THE STOP MEMO ISSUED BY
3RD RESPONDENT DATED 20/10/2021.
Exhibit P6 TRUE COPY OF THE DEMAND NOTICE DATED
23/10/2021 ISSUED BY THE 3RD
RESPONDENT
Exhibit P7 TRUE COPY OF THE ARGUMENT NOTE FILED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
Exhibit P8 TRUE COPY OF THE MAHZER DATED
02/6/2022.
Exhibit P9 TRUE COPY OF THE ORDER DATED 02/8/2022
BY 1ST RESPONDENT
