Kerala High Court
Moosa P.H vs The Geologist Ernakulam on 27 March, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 18950 OF 2016
PETITIONER:
MOOSA P.H
AGED 59 YEARS, S/O HASSAN, PALAKKOTTIL HOUSE,
MULAVOOR VILLAGE, PEZHAYKKAPILLY P.O.,
MOOVATTUPUZHA TALUK.
BY ADVS.
SRI.SIRAJ KAROLY
SRI.R.PARAMESWARA IYER
RESPONDENTS:
1 GEOLOGIST, ERNAKULAM,
ERNAKULAM, DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, CIVIL STATION, KAKKANAD,
KOCHI- 682 030.
2 THE VILLAGE OFFICER
MULAVOOR VILLAGE, MUVATTUPUZHA - 688 036.
3 THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, KAKKANAD - 682 030.
BY ADV.
SRI.B.S.SYAMANTAK, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18950 of 2016
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 18950 of 2016
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Dated this the 27th day of March, 2024.
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
"(i) To issue a writ of certiorari or any
other appropriate writ, order or direction and call
for the records leading to Ext.P7 and Ext.P9 and
quash the same.
(ii) To issue any other suitable writ, order
or direction this Hon'ble Court deems fit in the
interest of justice."[SIC]
2. It is the case of the petitioner that he has
started the construction of a shed on the southern
side of his residential house to start a poultry farm as
a source of his livelihood. It is submitted that the
petitioner obtained Ext.P3 building permit for the
construction of the shed having a plinth area of 97.20
sq. meters. As there is level difference in the
property, it is submitted that the petitioner removed
some ordinary earth from the property for preparing
foundation of the building. The ordinary earth
removed is used for making way into the shed
through his property is the submission. It is
submitted that, as per law, no permission is required
from the 1st respondent for removing ordinary earth
for the construction of building as provided under
Rule 14 (2) of the Kerala Minor Mineral Concession
Rules, 2015. But the 1 st respondent issued Ext.P7
demand notice. The petitioner made Ext.P8 reply.
But by Ext.P9, the 1st respondent rejected the reply
imposing a penalty of Rs.79,000/-. Aggrieved by the
same, this Writ petition is filed.
3. Heard the learned counsel appearing for
the petitioner and the learned Government Pleader.
4. When this Writ petition came up for
consideration 01.06.2016, this Court passed the
following order:
"Admit.
Learned Government Pleader takes notice for
respondents 1 to 3.
There shall be an interim stay of Ext.P9, for a
period of one month. The District Geologist shall
inspect the property and file a report, as to whether
the earth quarried is kept in the property itself, within
a period of two weeks."
5. A report is filed by the Geologist. This
Court perused the same. After going through Ext.P9
order, I am of the considered opinion that this is not
a speaking order. The Geologist has not considered
the contention of the petitioner in a proper manner. I
am of the considered opinion that, Ext.P9 can be set
aside and there can be a direction to the Geologist to
reconsider the matter after giving an opportunity of
hearing to the petitioner.
Therefore, this Writ Petition is disposed of with
the following directions:
1. Ext.P9 is set aside.
2. The 1st respondent is directed to
reconsider the matter after giving an
opportunity of hearing to the
petitioner, as expeditiously as
possible, at any rate, within a period
of five months from the date of
receipt of a certified copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 18950/2016
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE TITLE DEED OF
PETITIONERS PROPERTY DATED
13.11.1973.
EXHIBTI P2; TRUE COPY OF THE LAND TAX RECEIPT
DATED 25.4.2016.
EXHIBTI P3: TRUE COPY OF THE BUILDING PERMIT
DATED 3.12.2015.
EXHIBIT P4: TRUE COPY OF THE CERTIFICATE ISSUED
FROM THE OFFICE OF THE POLLUTION
CONTROL BOARD DATED 7.10.2015.
EXHIBIT P5: TRUE COPY OF THE CERTIFICATE ISSUED
FROM THE OFFICE OF THE MEDICAL
COLLEGE DEPARTMENT DATED
26.11.2015.
EXHIBIT P6: TRUE COPY OF THE PHOTOGRAPH SHOWING
THE BUILDING.
EXHIBIT P7: TRUE COPY OF THE NOTICE DATED
15.2.2016.
EXHIBIT P8: TRUE COPY OF THE REPLY STATEMENT
GIVEN BY THE PETITIONER DATED
4.3.2016.
EXHIBIT P8(A): TRUE COPY OF THE RECEIPT ISSUED BY
THE IST RESPONDEN TDATED 8.3.2016.
EXHIBIT P9: TRUE COPY OF THE ORDER ISSUED BY
THE IST RESPONDENT DATED 29.4.2016.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
