The District Geologist vs Rajesh K
2024 Latest Caselaw 28184 Ker

Kerala High Court

The District Geologist vs Rajesh K on 24 September, 2024

W. A. No. 1377 of 2024
                                  -1-

                                                2024:KER:70845
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

    THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED

                               MUSTAQUE

                                  &

                 THE HONOURABLE MR. JUSTICE S.MANU

 TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                         WA NO. 1377 OF 2024

          AGAINST THE JUDGMENT IN WP(C) NO.13425 OF 2024 OF

                         HIGH COURT OF KERALA

APPELLANT/S:

     1       THE DISTRICT GEOLOGIST,
             DEPARTMENT OF MINING AND GEOLOGY, THRISSUR
             DISTRICT, PIN - 680020

     2       THE TAHASILDAR,
             THALAPPILLY TALUK, THRISSUR DISTRICT, PIN -
             680623

     3       THE VILLAGE OFFICER,
             MAYANNUR VILLAGE, THRISSUR DISTRICT, PIN - 679101

     4       THE REVENUE DIVISIONAL OFFICER (RDO) ,
             THRISSUR, THRISSUR DISTRICT, PIN - 680003

     5       STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
             695001


             BY ADV. V. TEKCHAND, SR. GOVERNMENT PLEADER
 W. A. No. 1377 of 2024
                                       -2-

                                                                2024:KER:70845
RESPONDENT/S:

              RAJESH K,
              AGED 39 YEARS
              SON OF SANKUNNY, KALLICHOLAYIL HOUSE, MAYANNUR
              P.O., MAYANNUR VILLAGE, THALAPPILLY TALUK,
              THRISSUR DISTRICT, PIN - 679105

              BY ADV. P. M. ZIRAJ


       THIS    WRIT      APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
24.09.2024,      THE      COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W. A. No. 1377 of 2024
                                 -3-

                                                     2024:KER:70845
                         JUDGMENT

A. Muhamed Mustaque, Acg. C. J.

This is a case where the learned Single Judge appreciated

a factual situation and ordered that the stop memo issued by the

Village Officer is bad for the reason that it is only an extraction of

minerals for special purpose as envisaged under Rule 106 of the

Kerala Minor Mineral Concession Rules, 2015.

2. Whether this activity falls under Rule 106 is a matter

which requires appreciation. The primary authority in such

matters when there is a dispute is the Geologist. The Geologist

can very well appreciate the nature of the proposed activity and if

he is of the view that it has been exempted, necessarily, the

Village Officer will have to lift the stop memo. It is on the

assumption that this is an activity as referred to under Rule 106,

the learned Single Judge quashed the stop memo. Being

aggrieved, the writ appeal was filed by the State.

3. The judicial review is available to review the decision

and not to regulate an activity which otherwise regulated by the

2024:KER:70845 statutory provisions. In such circumstances, we are of the view

that factual appreciation is required. Therefore, we relegate the

District Geologist to take a decision as to whether this is an

exempted activity under Rule 106 of the Kerala Minor Mineral

Concession Rules, 2015. The decision shall be taken within three

weeks after hearing the appellants and causing inspection of the

area. If it is an exempted activity, necessarily, the Village Officer

shall lift such stop memo on obtaining orders from the District

Geologist.

Accordingly, the appeal stands allowed setting aside the

impugned judgment.

Sd/-

A. MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/-

S. MANU JUDGE

Eb