Joby Joseph vs State Of Kerala
2023 Latest Caselaw 700 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. 905 OF 2023
PETITIONER

             JOBY JOSEPH,
             AGED 54 YEARS
             S/O. K.J.JOSEPH,
             KOOLIPARAMBIL HOUSE,
             VELENILAM PO,
             MUNDAKAYAM,
             KOTTAYAM
             PIN - 686513
             BY ADVS.
             K.MOHANAKANNAN
             MAYA S. KUMAR


RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT,
             THIRUVANANTHAPURAM, PIN - 695001
    2        THE DIRECTOR OF MINING AND GEOLOGY
             KESAVADASAPURAM,
             PATTOM PALACE P.O.,
             THIRUVANANTHAPURAM
             PIN - 695004
    3        SENIOR GEOLOGIST
             MINING AND GEOLOGY,
             DISTRICT OFFICE MINING & GEOLOGY KOTTAYAM,
             COLLECTORATE,
             KOTTAYAM-
             PIN - 686002
    4        GEOLOGIST,
             MINING AND GEOLOGY,
             DISTRICT OFFICE MINING & GEOLOGY KOTTAYAM, COLLECTORATE,
             KOTTAYAM-
             PIN - 686002
 WP(C) NO.905 OF 2023
                                     2

    5          THE REVENUE DIVISIONAL OFFICER
               MINI CIVIL STATION KOTTAYAM, PUTHENANGANDY,
               KOTTAYAM DISTRICT
               PIN - 686001
    6          THE TAHSILDAR (LR),
               1ST FLOOR, MINI CIVIL STATION,
               KOTTAYAM - KUMILY ROAD,
               KOKKAPPALLY,
               KANJIRAPPALLY,
               PIN - 686555
    7          THE VILLAGE OFFICER
               MUNDAKAYAM VILLAGE OFFICE,
               MUNDAKAYAM,
               KOTTAYAM , PIN - 686513

               SMT.VIDYA KURIAKOSE-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.905 OF 2023
                                 3


                          JUDGMENT

Dated this the 12th day of January, 2023

The petitioner is before this Court seeking to quash

Exts.P2, P4 and P10 and to direct the 5 th respondent-Revenue

Divisional Officer to issue No Objection Certificate (NOC) as

referred to in Ext.P10 and communicate the same to the 3 rd

respondent.

2. The petitioner was conducting a Fish Farm. For

expanding the same, permission was granted by the Industries

Department to the petitioner in respect of 3 Acres of land

acquired by him. While developing the pond, Ext.P2 Stop Memo

was issued to the petitioner stating that mining activities are

being carried out by him unauthorisedly. The petitioner

approached this Court filing W.P.(C) No.20418 of 2022. This

Court as per Ext.P9 judgment directed the 3 rd respondent-

Geologist to consider Ext.P7 representation submitted by the

petitioner and take a decision thereon. WP(C) NO.905 OF 2023

3. Pursuant to the direction of this Court, the 3 rd

respondent-Geologist has passed Ext.P10 order whereunder,

the Geologist has forwarded the application to the Revenue

Divisional Officer, Pala seeking NOC.

4. The petitioner states that the Revenue Divisional

Officer, Kottayam, who is the 5th respondent in the writ petition,

is the competent Revenue Divisional Officer and forwarding of

Ext.P10 to the Revenue Divisional Officer, Pala, is incorrect

and was unnecessary. Unless the competent Revenue

Divisional Officer considers Ext.P11 representation submitted

by the petitioner expeditiously, the petitioner will be put to

untold hardship and loss.

5. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader denied all

the material allegations made by the petitioner in the writ

petition. However, on behalf of the respondents, it is submitted

that the matter falls within the jurisdiction of the 5 th respondent-

Revenue Divisional Officer, Kottayam. The permission sought WP(C) NO.905 OF 2023

for by the petitioner requires sanction of the Government under

Rule 104 of the Kerala Minor Mineral Concession Rules.

Therefore, the Revenue Divisional Officer, Kottayam can

consider the issue.

6. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

7. In view of the facts as stated above, this Court is of

the view that the writ petition can be disposed of directing the

5th respondent-Revenue Divisional Officer to consider Ext.P11

representation submitted by the petitioner in the light of

Ext.P10.

The writ petition is therefore disposed of directing the 5 th

respondent to consider Ext.P11 representation submitted by

the petitioner in the light of Ext.P10 and pass and

communicate appropriate orders, within a period of one

month.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.905 OF 2023

APPENDIX OF WP(C) 905/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PERMISSION GRANTED BY THE INDUSTRIES DEPARTMENT OR ASSISTANT INDUSTRIES OFFICER, KANJIRAPPALLY DATED 28-1-2021 Exhibit P2 TRUE COPY OF THE STOP MEMO DATED 14-3-

2021 ISSUED BY THE VILLAGE OFFICER Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 10-5-2021, SENT BY THE POLICE INSPECTOR, MUNDAKAYAM Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR (LR) DATED 14-6-2021 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 BEFORE THE SENIOR GEOLOGIST, THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 19- 10-2021 BEFORE THE DISTRICT FISHERIES OFFICER, KOTTAYAM Exhibit P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO.20418/2022 DATED 06/07/2022 Exhibit P10 TRUE COPY OF THE ORDER NO. 426/2022-

23/182/DOY/ML/2022 DATED 20/08/2022 Exhibit P11 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RDO, KOTTAYAM DATED 19/10/2022