Kerala High Court
Joby Joseph vs State Of Kerala on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 13970 OF 2023
PETITIONER:
JOBY JOSEPH, AGED 54 YEARS
S/O. K.J.JOSEPH, KOOLIPARAMBIL HOUSE,
VELENILAM PO, MUNDAKAYAM, KOTTAYAM-- 686513
BY ADVS.
K.MOHANAKANNAN
MAYA S. KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, THIRUVANANTHAPURAM- 695001
2 THE DIRECTOR OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695004
3 SENIOR GEOLOGIST, MINING AND GEOLOGY,
DISTRICT OFFICE MINING & GEOLOGY KOTTAYAM,
COLLECTORATE, KOTTAYAM-686002
4 GEOLOGIST,MINING AND GEOLOGY, DISTRICT OFFICE
MINING & GEOLOGY KOTTAYAM, COLLECTORATE,
KOTTAYAM- 686002
5 THE REVENUE DIVISIONAL OFFICER,
MINI CIVIL STATION KOTTAYAM, PUTHENANGANDY,
KOTTAYAM DISTRICT - 686001
6 THE TAHSILDAR (LR)
1ST FLOOR, MINI CIVIL STATION,
KOTTAYAM - KUMILY ROAD, KOKKAPPALLY,
KANJIRAPPALLY- 686555
WP(C)M No.13970 of 2023 2
7 THE VILLAGE OFFICER
MUNDAKAYAM VILLAGE OFFICE, MUNDAKAYAM,
KOTTAYAM - 686513
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)M No.13970 of 2023 3
VIJU ABRAHAM, J.
.................................................................
W.P (C) No.13970 of 2023
.................................................................
Dated this the 3rd day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to
respondents 1 and 2 to issue necessary passes/permission on the basis of
Ext.P13 no objection certificate.
2. It is averred that the petitioner, an ex-serviceman, is depending upon
agriculture and fish farming. When the petitioner attempted to construct a
new fish farm, Ext.P2 stop memo was issued alleging unauthorised mining
from the property and as evident from Ext.P6, Rs.25,000/- was imposed as
fine. Later the petitioner has approached this Court by filing W.P.(C)
No.20418 of 2022 seeking appropriate reliefs in the matter of disposal of
granite stones stored in his property. By Ext.P9 judgment this Court
disposed of the writ petition directing the 3 rd respondent to consider Ext.P7
representation submitted by the petitioner. Thereupon Ext.P10
proceedings was issued by the Geologist wherein the petitioner was
intimated that as soon as the petitioner obtained a no objection certificate
from the Revenue Divisional Officer the application if any submitted by the
petitioner seeking permission under Rule 104 of the Kerala Minor Mineral
Concession Rules, 2015 will be forwarded to the 2nd respondent for
submission of the same before the Government. Petitioner submits that by
Ext.P13 necessary no objection certificate has been given by the
Revenue Divisional Officer.
3. A counter affidavit has been filed by the 4th respondent wherein it is
stated that the application submitted by the petitioner to remove the
unauthorisedly extracted and piled up granite cannot be considered for the
issuance of transit passes by 4th respondent and that for removal of the
same petitioner has to procure quarrying permit and if the removal of
mineral is inevitable and the purpose is not of winning the mineral, such
application can be considered under Rule 104 of the Kerala Minor Mineral
Concession Rules, 2015 for which the State Government is the authority.
In such cases the applicant has to procure no objection certificate from the
Revenue Divisional Officer and the application has to be submitted before
the Director of Mining and Geology for onward transmission to the
Government. In the counter affidavit it is further stated that the application
has already been forwarded to the Director of Mining and Geology on
16.03.2023 for necessary action as per Rule 104 of the Kerala Minor
Mineral Concession Rules, 2015.
Since the matter is pending consideration before the 1st respondent,
appropriate decision on the application submitted under Rule 104 of the
Kerala Minor Mineral Concession Rules, 2015 should be taken without any
delay. Therefore, the writ petition is disposed of with a direction to the 1 st
respondent to consider and pass orders on the application submitted by
the petitioner before the 4 th respondent for which Ext.P13 no objection
certificate has been obtained from the 5 th respondent, which has been
forwarded to the 2nd respondent on 16.03.2023 for onward transmission to
the Government, within an outer limit of two months from the date of
receipt of a copy of the judgment after affording an opportunity of being
heard to the petitioner.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 13970/2023
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 3 RD
RESPONDENT
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
19-10-2021 SUBMITTED BEFORE THE 3 RD
RESPONDENT WITH ANNEXURE
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
Exhibit P12 TRUE COPY OF THE JUDGMENT IN WRIT 12
PETITION NO.905/2023 DATED 12-01-2023
Exhibit P13 TRUE COPY OF THE PROCEEDINGS NO.K1-
2993/2022 DATED 28-2-2023 ISSUED BY THE
5 TH RESPONDENT
EXHIBIT P14 True copy of the application submitted
by the Petitioner before the Koottikal
Grama Panchayat dated 17/11/2020,
