Kerala High Court

Sreenivasan vs Dr. V.P. Joy, Ias on 30 March, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945

                   CON.CASE(C) NO. 1728 OF 2022

 AGAINST THE JUDGMENT IN WP(C) 35030/2016 OF HIGH COURT OF KERALA

PETITIONER/1ST PETITIONER IN WPC


          SREENIVASAN
          AGED 55 YEARS, SON OF VELAYUDHAN,
          EDATHARA HOUSE, VALAKKAVU, MULAYAM P O,
          THRISSUR, PIN - 680 751.

          BY ADV G.S.REGHUNATH


RESPONDENTS/RESPONDENTS 1 TO 7 IN WPC:

    1     DR. V.P. JOY, IAS
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
          CHIEF SECRETARY, GOVERNMENT OF KERALA,
          SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695 001.

    2     JAYATHILAK
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
          REVENUE SECRETARY, GOVERNMENT OF KERALA,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

    3     A.P.M. MOHAMMED HANEESH
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
          PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    4     K. BIJU
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
          LAND REVENUE COMMISSIONER,
          THIRUVANANTHAPURAM, PIN - 695 001.
 C.O.(C)No.1728 of 2022
                               2



    5       HARIKRISHNAN S.
            AGE AND FATHER'S NAME NOT KNOWN TO THE
            PETITIONERS, DIRECTOR, MINING AND GEOLOGY,
            KESAVADASAPURAM, THIRUVANANTHAPURAM, PIN - 695
            001.

    6       HARITHA V. KUMAR
            AGE AND FATHER'S NAME NOT KNOWN TO THE
            PETITIONERS, DISTRICT COLLECTOR, CIVIL STATION,
            AYYANTHOLE, THRISSUR,, PIN - 680 003.

    7       S. SANGEETHA
            AGE AND FATHER'S NAME NOT KNOWN TO THE
            PETITIONERS, DISTRICT GEOLOGIST, MINING AND
            GEOLOGY DEPARTMENT, MINI CIVIL STATION,
            CHEMBUKAVU, THRISSUR, PIN - 680 020.

           BY SRI.S.KANNAN, SENIOR G.P.


        THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 C.O.(C)No.1728 of 2022
                                   3



                             JUDGMENT

Dated this the 30th day of March, 2023

S. Manikumar, C.J.

Alleging disobedience of the directions issued in the

judgment dated 25.05.2022 in W.P.(C)No.35030 of 2018,

instant contempt case is filed.

2. The Revenue Secretary, Government of Kerala,

Thiruvananthapuram - respondent No.2, has filed an affidavit

dated 31.10.2022.

3. Relevant portion of the affidavit reads thus:

"4. In compliance of the directions issued by this Hon'ble Court, as contained in Annexure I, a copy of Annexure I judgment has been communicated to all District Collectors of the State as well as to the Commissioner of Land Revenue, Thiruvananthapuram, as per letter dated 04.06.2022, requiring them to comply with the directions contained therein.

5. Consequent thereto, circular dated 06.10.2022 has been issued by the Government, whereby necessary directions have been issued to Tahsildars/District Collectors, concerned to take necessary actions to stop any activities, which is not permitted to be carried out in the lands assigned for specific/special purposes, in C.O.(C)No.1728 of 2022

violation of the Kerala Land Assignment Act of 1960 and the Rules made thereunder.

6. Insofar as the present case is concerned, the District Collector, Thrissur had reported that necessary instructions have been issued from the said office to all concerned to comply with the directions as contained in Annexure I judgment, in its letter and spirit. Accordingly, Tahsildars of Thrissur, Kunnamkulam and Chalakudy Taluks have Issued stop memos to all quarries which were functioning in the lands assigned for specific/special purposes. As per the report received from the District Collector, Thrissur, as on today no quarry is functioning in the lands assigned for specific/special purposes in Thrissur district.

7. As on today, insofar as the State of Kerala is concerned, no quarrying operations are being carried out in the lands assigned, for specific/special purposes. All steps have been taken by the Government to comply with Annexure I judgment.

8. Circumstances being so, it is respectfully submitted that there is no dereliction of duty either on the part of this deponent or on the part of the officials under this department, insofar as complying with the directions issued by this Hon'ble Court as contained in Annexure I judgment.

9. The Government, this deponent and the officials coming under this department, in the ibid case have acted only in good faith and as per law. It is respectfully submitted that this deponent have utmost respect to C.O.(C)No.1728 of 2022

the orders passed by this Hon'ble Court. There is no willful laches or negligence on the part of this deponent, as alleged. There is no deliberate disobedience on my part, as well. The steps taken, as detailed herein above speaks large about the bonafides of this respondent."

4. The Director, Mining and Geology, Thiruvananthapuram,

respondent No.5, has filed an affidavit dated 29.10.2022.

5. Relevant portion of the affidavit reads thus:

"3. In compliance of the directions issued by this Hon'ble Court, as contained in Annexure I, this office had obtained the details of quarries operating in the lands assigned, for specific/special purposes under the Kerala Land Assignment Act of 1960 and the Rules made thereunder. It is respectfully submitted that in the State of Kerala, 17 quarries were working in the lands assigned for specific/special purposes, the details of which are as follows;

                    Thrissur                             -        9
                    Malappuram                           -        3
                    Kollam                               -        1
                    Ernakulam                            -        3

--------------------------------------------------

Total - 17

4. Insofar as the aforesaid 17 mineral concessionaires are concerned, all quarrying operations therein, including mining operations and transportation have been blocked in the online portal of the department, C.O.(C)No.1728 of 2022

KOMPAS, by the Geologists, concerned, including the 7th respondent herein. Separate notices have been issued by the 7th respondent to the respective mineral concession holders in the Thrissur district, who were operating in the lands assigned, for specific/special purposes, requiring them to stop quarrying activities thereon, on 19.07.2022 and on 08.08.2022, respectively. Annexure II to Annexure V was prior to issuance of notices by the 7th respondent.

5. As on today, insofar as the State of Kerala is concerned, no quarrying operations are being carried out in the lands assigned, for specific/special purposes.

6. Furthermore, it is respectfully submitted that assailing Annexure A1 judgment, SLP (Civil) No. 12978 of 2022 has been preferred by the respective mineral concessionaire before the Hon'ble Supreme Court of India, which is pending consideration.

7. Circumstances being so, it is respectfully submitted that there is no dereliction of duty either on the part of Director of Mining and Geology or on the part of the officials under this department, insofar as complying with the directions issued by this Hon'ble Court as contained in Annexure I judgment.

8. The Government, this deponent and the officials coming under this department, in the ibid case have acted only in good faith and as per law. It is respectfully submitted that this deponent has utmost respect to the orders passed by this Hon'ble Court. C.O.(C)No.1728 of 2022

There is no willful laches or negligence on the part of this deponent, as alleged. There is no deliberate disobedience on my part, as well, as contended by the petitioner."

6. The District Geologist, Mining and Geology

Department, Thrissur - respondent No.7, has filed an affidavit

dated 01.11.2022.

7. Relevant portion of the affidavit reads thus:

"3. In compliance of the directions issued by this Hon'ble Court, as contained in Annexure I judgment, the list of valid mineral concessions falling within the jurisdiction of this office were handed over to the District Collector, Thrissur, as per letter dated 20.06.2022, so as to ascertain as to whether the lands involved therein are assigned for any specific/special purposes. Similar requests were also submitted by this deponent before Tahsildars of Thrissur, Kunnamkulam and Chalakudy Taluks.

4. Consequent to the same, on 16.07.2022, the Tahsildar, Thrissur Taluk had intimated this deponent that four quarries were functioning in Thrissur Taluk in the lands assigned for special/specific purposes and that stop memos have been issued to the said mineral concessionaires, from the said office. Accordingly, this respondent on 16.07.2022 had blocked all mining operations including transportation pertaining to the C.O.(C)No.1728 of 2022

aforesaid quarries, in the online portal of the department. Furthermore, separate notices have been issued to the said four mineral concessionaires on 19.07.2022, by this deponent requiring them to stop quarrying activities therein.

5. On 06.08.2022, the Tahsildar, Kunnamkulam Taluk had intimated this deponent that three quarries were functioning in Kunnamkulam Taluk in the lands assigned for special/specific purposes. Noticing the same, separate notices have been issued to the said four mineral concessionaires on 08.08.2022, by this deponent, requiring them to stop quarrying activities therein. On 01.08.2022, itself that this respondent had blocked all mining operations including transportation pertaining to the aforesaid quarries, in the online portal of the department.

6. It is respectfully submitted that as on today, no quarries are functioning within Chalakudy Taluk, in the lands assigned for special/specific purposes. Though two quarries were functioning therein, the same are not operating for the last more than four months.

7. Insofar as the aforesaid 7 mineral concessionaires falling under the jurisdiction of this respondent are concerned, all quarrying operations therein, including mining operations and transportation have been blocked in the online portal of the department, KOMPAS. Separate notices have been issued by this respondent to the respective mineral concession holders in the Thrissur district, who were operating in C.O.(C)No.1728 of 2022

the lands assigned, for specific/special purposes, requiring them to stop quarrying activities thereon, on 19.07.2022 and on 08.08.2022, respectively. Annexure II to Annexure V was prior to issuance of notices by this respondent.

8. As on today, in Thrissur district no quarrying operations are being carried out in the lands assigned, for specific/special purposes under the Kerala Land Assignment Act of 1960 and the Rules made thereunder. Circumstances being so, it is respectfully submitted that there is no dereliction of duty on the part of this deponent, insofar as complying with the directions issued by this Hon'ble Court as contained in Annexure I judgment.

9. This deponent, in the ibid case, has acted only in good faith and as per law. It is respectfully submitted that this deponent has utmost respect to the orders passed by this Hon'ble Court. There is no willful laches or negligence on the part of this deponent, as alleged. There is no deliberate disobedience on my part, as well."

8. From the averments, it could be deduced that the

directions contained in the judgment dated 25.05.2022 in W.P.

(C)No.35030 of 2018 have been complied with.

In the abovesaid circumstances, nothing survives in this

petition for further adjudication. Contempt petition is, C.O.(C)No.1728 of 2022

accordingly, closed.

Pending interlocutory applications, if any, shall stand

closed.

Sd/-

S. Manikumar Chief Justice

Sd/-

Shaji P. Chaly Judge vpv C.O.(C)No.1728 of 2022

APPENDIX OF CON.CASE(C) 1728/2022

PETITIONER'S ANNEXURES Annexure I CERTIFIED COPY OF THE JUDGMENT DATED 25.5.2022 IN W.P.(C) NO.35030/2016 OF THIS HON'BLE COURT.

Annexure II TRUE COPY OF THE DETAILS OF SOME OF THE QUARRIES BEING OPERATED IN VIOLATION OF THE JUDGMENT OF THIS HON'BLE COURT AND THE QUANTITIES OF MINING OPERATIONS DONE WITH RESPECT TO "THOMSON GRANITES PVT. LTD." AS PUBLISHED BY THE DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR.

Annexure III TRUE COPY OF THE DETAILS OF QUARRIES AND THE QUANTITIES OF MINING OPERATIONS DONE WITH RESPECT TO "BEST GRANITES" AS PUBLISHED BY THE DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR.

Annexure IV TRUE COPY OF THE DETAILS OF QUARRIES AND THE QUANTITIES OF MINING OPERATIONS DONE WITH RESPECT TO "ST. BASIL GRANITES" AS PUBLISHED BY THE DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA.

Annexure V TRUE COPY OF THE DETAILS OF QUARRIES AND THE QUANTITY OF MINING OPERATIONS DONE WITH RESPECT TO "THREE STAR GRANITES PVT. LTD."

Annexure VI TRUE COPY OF THE LETTER DATED 7.6.2022 SENT BY PETITIONERS TO RESPONDENTS IN COMMON LETTER.

RESPONDENTS' ANNEXURES

ANNEXURE R2(a) TRUE COPY OF LETTER DATED 04.06.2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT.

ANNEXURE R2(b) TRUE COPY OF GOVERNMENT CIRCULAR No. REV-