Emil Oommen Mathew vs State Of Kerala
2023 Latest Caselaw 697 Ker

                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. 908 OF 2023
PETITIONER

             EMIL OOMMEN MATHEW
             AGED 36 YEARS
             S/O. MATHEW OOMMEN, MANKAVIL PUTHENVEEDU, VETTIKODE P.O,
             KATTANAM, MAVELIKARA, ALAPPUZHA DISTRICT, KERALA,
             PIN - 690503
             BY ADVS.
             M.G.SREEJITH
             LUKE J CHIRAYIL
             P.JAYA
             VIDYAJITH M.
             ROJIN DEVASSY
             JOSEPH MARVEL NORONHA
             BIBAS C. BABU
             AMAL JOSE
             ELSA MARY THOMAS


RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY ITS SECRETARY,
             MINING AND GEOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695 001
    2        THE DIRECTOR
             THE DIRECTORATE OF MINING AND GEOLOGY DEPARTMENT,
             KESAVADASAPURAM, PATTOM PALACE P.O, THIRUVANANTHAPURAM,
             PIN - 695004
    3        THE REVENUE DIVISIONAL OFFICER
             OFFICE OF THE REVENUE DIVISIONAL OFFICE, CHENGANNUR,
             CHENGANNUR P.O, ALAPPUZHA DISTRICT, PIN - 689121
    4        THE THAHASILDHAR
             TALUK OFFICE, MAVELIKARA, MAVELIKARA P.O,
             ALAPPUZHA DISTRICT, PIN - 690101
    5        THE DISTRICT GEOLOGIST
             ALAPPUZHA DISTRICT OFFICE OF THE DISTRICT MINING AND
             GEOLOGY DEPARTMENT , MINI CIVIL STATION, CHERTHALA,
 WP(C) NO.908 OF 2023
                                     2



               ALAPPUZHA DISTRICT, PIN - 688524
    6          THE SECRETARY
               BHARANIKAVU GRAMAPANCHAYATH, PALLIKKAL.P.O,
               ALAPPUZHA DISTRICT, PIN - 690537

               SMT. DEEPA NARAYANAN-SR.GP
        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   12.01.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.908 OF 2023
                                  3




                           JUDGMENT

Dated this the 12th day of January, 2023

The petitioner wants to transport ordinary sand removed

by him as part of dredging activities related to a Fish Farm.

The petitioner approached the Geologist and Revenue

Divisional Officer for No Objection Certificate and Permit. The

Revenue Divisional Officer as per Ext.P5 informed the

petitioner that special permission from his office is not required

and the petitioner can approach the Geologist. The Geologist

as per Ext.P7 informed the petitioner that the petitioner has to

submit a Development Permit and Development Plan for the

purpose of grant of permission. The petitioner is aggrieved by

the insistence on Development Permit and Development Plan.

2. I have heard the learned counsel for the petitioner

and the learned Senior Government Pleader representing the

respondents.

WP(C) NO.908 OF 2023

3. The petitioner wants permission to transport

ordinary sand dredged for facilitating Fish Farm. The petitioner

wants to transport the ordinary sand. This requires permission

under Rule 104 of the Kerala Minor Mineral Concession Rules,

2015. Therefore, the Revenue Divisional Officer has to

consider the request and grant NOC, if the petitioner is

eligible. On the petitioner getting NOC, if the petitioner makes

an application to the Geologist, the Geologist has to forward

the same to the Director of Mining and Geology, for

processing.

4. In the facts and circumstances of the case, I am of

the view that the writ petition can be disposed of with

appropriate directions:-

Exts.P5 and P7 are set aside. The 3 rd respondent-

Revenue Divisional Officer is directed to consider the

application for NOC submitted by the petitioner taking into

consideration Rule 104 of the Kerala Minor Mineral WP(C) NO.908 OF 2023

Concession Rules, 2015. On receipt of the NOC, the petitioner

may approach the 5th respondent-Geologist, in which event,

the Geologist shall forward the same to the 2 nd respondent-

Director of Mining and Geology. The 2nd respondent shall take

expeditious steps in the matter of consideration of the

application of the petitioner.

The writ petition is disposed of as above.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.908 OF 2023

APPENDIX OF WP(C) 908/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF POSSESSION CERTIFICATE DATED 19/01/2021 ISSUED BY THE VILLAGE OFFICER, KATTANAM Exhibit-P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE INSPECTOR OF FISHERIES (INLAND) DATED 30/11/2020 Exhibit-P3 TRUE COPY OF RECEIPT ISSUED BY 3RD RESPONDENT DATED 19/11/18 AGAINST THE APPLICATION SUBMITTED BY PETITIONER Exhibit-P4 TRUE COPY OF REPORT DATED 26-02-2019 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT Exhibit5 TRUE COPY OF ORDER DATED 18/03/2019 ISSUED BY THE 3RD RESPONDENT Exhibit-P6 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 16/03/2020 BEFORE THE 5TH RESPONDENT Exhibit-P7 TRUE COPY OF COMMUNICATION DATED 27/01/2021 ISSUED BY THE 5TH RESPONDENT Exhibit-P8 TRUE COPY OF ORDER DATED 21/01/2021 ISSUED BY THE 6TH RESPONDENT Exhibit-P9 TRUE COPY OF APPLICATION DATED 17/04/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P10 TRUE COPY OF RECEIPT DATED 17/04/2021 ISSUED FROM THE OFFICE OF 2ND RESPONDENT RESPONDENT'S EXHIBITS : NIL