Kerala High Court
Muhammed Shareef vs The District Geologist on 15 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
WP(C) NO. 4165 OF 2023
PETITIONERS:
1 RASHEED P, AGED 50 YEARS
SON OF ABOOBACKER, YEARS, PUZHACKAL HOUSE, THARISH P.O.,
VALAMBUR VILLAGE, PERINTHALAMANNA, MALAPPURAM DISTRICT,
PIN - -67652
2 ABOOBACKER SIDIQUE,AGED 57 YEARS
SON OF HAMZA, KOLAKKATIL HOUSE, KARUVARAKUND, MALAPPURAM
DISTRICT, PIN - 676523
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT,,
PIN - 676121
2 THE DISTRICT COLLECTOR,
MALAPPURAM, COLLECTORATE, CIVIL STATION, MALAPPURAM
DISTRICT, PIN-676505, PIN - 676505
3 THE DIRECTOR MINING AND GEOLOGY,
OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
PATTAM, THIRUVANANTHAPURAM-, PIN - 695001
OTHER PRESENT:
GP-SRI.RIYAL DEVASSY, SRI.SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2023, ALONG WITH WP(C).3900/2023, 3949/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
WP(C) NO. 3900 OF 2023
PETITIONER/S:
MUHAMMED SHAREEF
AGED 55 YEARS
SON OF ABDULLAH KUTTY, THODIMMAL HOUSE,
IRIMBILIYAM P.O., IRIMBILIYAM VILLAGE, TIRUR
TALUK, MALAPPURAM DISTRICT, PIN - 679572
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENT/S:
1 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM
DISTRICT, PIN - 676121
2 THE DISTRICT COLLECTOR
MALAPPURAM, COLLECTORATE, CIVIL STATION,
MALAPPURAM DISTRICT, PIN - 676505
3 THE DIRECTOR
MINING AND GEOLOGY, OFFICE OF THE MINING AND
GEOLOGY, KESAVADASAPURAM, PATTAM,
THIRUVANANTHAPURAM, PIN - 695001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2023, ALONG WITH WP(C).4165/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
WP(C) NO. 3949 OF 2023
PETITIONER/S:
AHAMED
AGED 63 YEARS
SON OF KUNHI MUHAMMED, CHEERAMBATHUR POTTAYIL
HOUSE, MANNATHPARAMBU, EDAYUR NORTH P.O,
VALANCHERI, MALAPPURAM DISTRICT, PIN - 676552
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENT/S:
1 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM
DISTRICT, PIN - 676121
2 THE DISTRICT COLLECTOR
MALAPPURAM, COLLECTORATE, CIVIL STATION,
MALAPPURAM DISTRICT, PIN - 676505
3 THE DIRECTOR
MINING AND GEOLOGY, OFFICE OF THE MINING AND
GEOLOGY, KESAVADASAPURAM, PATTAM,
THIRUVANANTHAPURAM, PIN - 695001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2023, ALONG WITH WP(C).4165/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
WP(C) NO. 6857 OF 2023
PETITIONER/S:
MUKESH
AGED 36 YEARS
SON OF KRISHNAN, KALLARAMKOTTA PARAMBIL,
MECHERIPARAMBU, IRIMBILAYAM P.O., MALAPPURAM
DISTRICT, PIN - 679572
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENT/S:
1 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM
DISTRICT, PIN - 676121
2 THE DISTRICT COLLECTOR
MALAPPURAM, COLLECTORATE, CIVIL STATION,
MALAPPURAM DISTRICT, PIN - 676505
3 THE DIRECTOR MINING AND GEOLOGY
OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
PATTAM, THIRUVANANTHAPURAM, PIN - 695001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2023, ALONG WITH WP(C).4165/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
WP(C) NO. 6907 OF 2023
PETITIONER/S:
RIYAS BABU
AGED 39 YEARS
SON OF KUNHEETHU HAJI , PONNANGATHODI, ARIPRA
P.O., VALAMBOOR VILLAGE, ANGADIPURAM, MALAPPURAM
DISTRICT, PIN - 679321
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENT/S:
1 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM
DISTRICT, PIN - 676121
2 THE DISTRICT COLLECTOR
MALAPPURAM, COLLECTORATE, CIVIL STATION,
MALAPPURAM DISTRICT, PIN - 676505
3 THE DIRECTOR MINING AND GEOLOGY
OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
PATTAM, THIRUVANANTHAPURAM, PIN - 695001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2023, ALONG WITH WP(C).4165/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
6
VIJU ABRAHAM,J
-----------------------
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
------------------------------------------------
Dated this the 15th day of March, 2023
JUDGMENT
The learned counsel for the petitioners submits
that in view of the interim order, no further orders
are required. The submission is recorded, the above
writ petitions are closed.
sd/-
VIJU ABRAHAM,
JUDGE
pm
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
APPENDIX OF WP(C) 3900/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 19.11.2020 ISSUED BY THE VILLAGE
OFFICER, IRIMBILIYAM VILLAGE
Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT DATED 6.11.2020 ISSUED BY
THE SECRETARY, IRIMBILIYAM GRAMA
PANCHAYATH
Exhibit P3 TRUE COPY OF THE DEVELOPMENT PERMIT DATED
28.1.2021 ISSUED BY THE SECRETARY,
IRIMBILIYAM GRAMA PANCHAYATH
Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED
10.3.2021 ISSUED BY THE SECRETARY,
IRIMBILIYAM GRAMA PANCHAYATH
Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED
5.3.2022 ISSUED BY THE SECRETARY,
IRIMBILIYAM GRAMA PANCHAYATH
Exhibit P6 TRUE COPY OF THE RELEVANT PORTION OF THE
APPROVED PLAN WHICH SHOWS THE DETAILS OF
THE EARTH CUTTING FROM THE LAND
Exhibit P7 TRUE COPY OF THE APPLICATION DATED
17.3.2021 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit P8 TRUE COPY OF THE ORDER DATED 30.3.2022
ISSUED BY THE FIRST RESPONDENT
Exhibit P9 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 10.11.2020 BY THE HIGHER OFFICERS
OF MALAPPURAM DISTRICT
Exhibit P10 TRUE COPY OF THE O(A) FORM AS PRESCRIBED
BY THE KERALA MINERALS(PREVENTION OF
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
ILLEGAL MINING AND STORAGE AND
TRANSPORTATION)RULES 2015
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
APPENDIX OF WP(C) 3949/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 29.6.2022 ISSUED BY THE VILLAGE
OFFICER, EDAYUR VILLAGE
Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT DATED 27.12.2022 ISSUED
BY THE SECRETARY, EDAYUR GRAMA PANCHAYATH
Exhibit P3 TRUE COPY OF THE APPLICATION WITHOUT DATE
SUBMITTED BY THE FIRST PETITIONER BEFORE
THE FIRST RESPONDENT
Exhibit P4 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 10.11.2020 BY THE HIGHER OFFICERS
OF MALAPPURAM DISTRICT
Exhibit P5 TRUE COPY OF THE O(A) FORM AS PRESCRIBED
BY THE KERALA MINERALS(PREVENTION OF
ILLEGAL MINING AND STORAGE AND
TRANSPORTATION)RULES 2015
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
APPENDIX OF WP(C) 6857/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
3.10.2022 ISSUED BY THE VILLAGE OFFICER,
IRIMBILAYAM VILLAGE
Exhibit P2 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT DATED 25.10.2022 ISSUED
BY THE SECRETARY, IRIMBILAYAM GRAMA
PANCHAYATH
Exhibit P3 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 10.11.2020 BY THE HIGHER OFFICERS
OF MALAPPURAM DISTRICT
Exhibit P4 TRUE COPY OF SAMPLE OF O(A) FORM AS
PRESCRIBED BY THE KERALA
MINERALS(PREVENTION OF ILLEGAL MINING AND
STORAGE AND TRANSPORTATION)RULES 2015
ISSUED TO ANOTHER PERSON
Exhibit P5 TRUE COPY OF THE INTERIM ORDER OF THIS
HONORABLE COURT DATED 15.02.2023 IN W.P
(C). NO.3900 OF 2023
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
APPENDIX OF WP(C) 6907/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 6.9.2022 ISSUED BY THE VILLAGE
OFFICER, VALAMBUR VILLAGE TO THE
PETITIONER AND SHANI
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 6.9.2022 ISSUED BY THE VILLAGE
OFFICER, VALAMBUR VILLAGE TO SAITHALI AND
ABDUNASAR
Exhibit P3 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT DATED 19.12.2022 ISSUED
BY THE SECRETARY, ANGADIPURAM GRAMA
PANCHAYATH
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE FIRST
RESPONDENT
Exhibit P5 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 10.11.2020 BY THE HIGHER OFFICERS
OF MALAPPURAM DISTRICT
Exhibit P6 TRUE COPY OF SAMPLE OF O(A) FORM AS
PRESCRIBED BY THE KERALA
MINERALS(PREVENTION OF ILLEGAL MINING AND
STORAGE AND TRANSPORTATION)RULES 2015
ISSUED TO ANOTHER PERSON
Exhibit P7 TRUE COPY OF THE INTERIM ORDER OF THIS
HONORABLE COURT DATED 15.02.2023 IN W.P
(C). NO.3900 OF 2023
W.P.(C)Nos.4165, 3949, 6907, 3900 & 6857 of 2023
APPENDIX OF WP(C) 4165/2023
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 22.12.2022 ISSUED BY THE VILLAGE
OFFICER, VALAMBUR VILLAGE IN CONNECTION
WITH THE PROPERTY OF FIRST PETITIONER
Exhibit- P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 22.12.2022 ISSUED BY THE VILLAGE
OFFICER, VALAMBUR VILLAGE IN CONNECTION
WITH THE PROPERTY OF SECOND PETITIONER
Exhibit- P3 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT DATED 22.12.2022 ISSUED
BY THE SECRETARY, ANGADIPURAM GRAMA
PANCHAYATH
Exhibit- P4 TRUE COPY OF THE RELEVANT PORTION OF THE
APPROVED PLAN WHICH SHOWS THE DETAILS OF
THE EARTH CUTTING FROM THE LAND
Exhibit- P5 TRUE COPY OF THE APPLICATION WITHOUT
DATE SUBMITTED BY THE FIRST PETITIONER
BEFORE THE FIRST RESPONDENT
Exhibit- P6 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 10.11.2020 BY THE HIGHER
OFFICERS OF MALAPPURAM DISTRICT
Exhibit- P7 TRUE COPY OF THE O(A) FORM AS PRESCRIBED
BY THE KERALA MINERALS(PREVENTION OF
ILLEGAL MINING AND STORAGE AND
TRANSPORTATION)RULES 2015
