Kerala High Court
Jyothi Bai vs The District Geologist on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 13479 OF 2017
PETITIONER:
JYOTHI BAI
AGED 56 YEARS, W/O.RAVEENDRANATH, EDAPPALLY
HOUSE, IRINGAL (P.O), VATAKARA.
BY ADV. SRI.MOHANAN V.T.K.
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
CIVIL STATION, KOZHIKODE.
2 THE TAHSILDAR
TALUK OFFICE, KOYILANDY - 673101.
BY ADV. GOVERNMENT PLEADER
BY ADV.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.13479 of 2017
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 13479 of 2017
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Dated this the 28th day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"i) A writ of certiorari or any other
appropriate writ or order quashing Exhibit-P7;
ii) Pass orders declaring that no permission
from the revenue authorities is required for filling the
pit created by quarrying rock;
iii) A writ of mandamus or any other
appropriate writ, order or direction, directing
respondents to issue necessary permission to fill the
pit created by blasting rock in petitioner's property, if
necessary;
And
iv) Such other reliefs this Honourable Court
deems fit and proper to grant in the facts and
circumstances of the case."[SIC]
2. A counter affidavit is filed by the 1st
respondent. The relevant portion of the counter
affidavit is extracted hereunder:
"6. It is submitted that the petitioner has not
approached the office of the 1st respondent in terms of
filling the quarry pits. The Kerala Minor Mineral
Concession Rules, 2015 stipulates that the quarry pits to
be filled with the unusable materials kept for the
purpose, as per the provisions of an approved mining
plan. As stated earlier, the pits are 2 to 3 metres in
depth and are water logged and hence it is to be
secured to avoid any untoward incidents. The petitioner
is legally bound to protect the water logged pits by
fencing property. The State Human Rights Commission
has also directed to this effect to avoid any water prone
accidents. In this case quarrying permit is required to
extract and bring soil from other areas for the filling
purpose. There is no top soil or other material stacked
in the area available for the purpose of filling the pits.
Exhibit P9 is invalid as the Kerala Minor Mineral
Concession Rules are amended.
7. It is submitted that the 1 st respondent is not in
the way of the petitioner in protecting the water logged
area as per the rules and provisions. The petitioner has
to protect the water logged quarry pits to avoid any
accidents."
3. In the light of the same, the petitioner has to
do the needful in accordance with the law.
With the above observation, this Writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 13479/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TITLE DEED OF THE
PROPERTY NO 1325/1993 DTD 6/5/1993
EXHIBIT P2 TRUE COPY OF THE POSSESSION
CERTIFICATE DTD 7/12/2015
EXHIBIT P3 TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE ISSUED BY 2ND RESPONDENT
DTD 16/1/2017
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DTD
3/4/2016 ISSUED BY THE PAYYOLI
MUNICIPALITY,
EXHIBIT P5 TRUE COPY OF THE SERVICE PLAN OF THE
PROPOSED BUILDING
EXHIBIT P6 PHOTOGRAPHS SHOWING THE LIE OF THE
PROPERTY SERIES
EXHIBIT P7 TRUE COPY OF THE REJECTION NOTICE
ISSUED BY THE 2ND RESPONDENT DTD
30/3/2016
EXHIBIT P8 TRUE COPY OF THE CONSENT TO SUPPLY
SOIL TO LEVEL THE PIT ISSUED BY ONE
MR.SREEJITH M
EXHIBIT P9 TRUE COPY OF THE GAZETTE NOTIFICATION
DTD 18/3/2009 ISSUED BY GOVERNMENT OF
KERALA.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
