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Kerala High Court
Khader K.M vs State Of Kerala on 1 December, 2025
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 1 2025:KER:92679
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(C) NO. 20616 OF 2025
PETITIONER:
KHADER K.M.,
AGED 65 YEARS
S/O. MUHAMMED KHADER, KOTHAKULATHIL HOUSE,
KIZHAKUMPADAM, VENGOLA P.O., ARAKKAPADY,
ERNAKULAM, PIN - 683556
BY ADVS.
SRI.MANOJ P.KUNJACHAN
SMT.BLESSY MARY SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, INDUSTRIES DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY COLLECTORATE,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
3 THE VILLAGE OFFICER,
ARAKKAPADY VILLAGE OFFICE, VENGOLA P.O.,
ERNAKULAM, PIN - 683556
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 2 2025:KER:92679
OTHER PRESENT:
SRI.AJITH VISWANATHAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2025, ALONG WITH WP(C).20600/2025, 20606/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 3 2025:KER:92679
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(C) NO. 20600 OF 2025
PETITIONER:
SALIM K.M.,
AGED 56 YEARS
S/O. MUHAMMED KHADER, KOTHAKULATHIL HOUSE,
KIZHAKUMPADAM, VENGOLA P.O., ARAKKAPADY,
ERNAKULAM, PIN - 683556
BY ADVS.
SRI.MANOJ P.KUNJACHAN
SMT.BLESSY MARY SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, INDUSTRIES DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY COLLECTORATE,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
3 THE VILLAGE OFFICER,
ARAKKAPADY VILLAGE OFFICE, VENGOLA P.O.,
ERNAKULAM, PIN - 683556
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 4 2025:KER:92679
BY ADV. SRI.AJITH VISWANATHAN, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2025, ALONG WITH WP(C).20616/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 5 2025:KER:92679
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
WP(C) NO. 20606 OF 2025
PETITIONER:
AZEEZ K.M,
AGED 55 YEARS
S/O MUHAMMED KHADER,KOTHAKULATHIL HOUSE,
KIZHAKUMPADAM, VENGOLA P O, ARAKKAPADY,
ERNAKULAM, PIN - 683556
BY ADVS.
SRI.MANOJ P.KUNJACHAN
SMT.BLESSY MARY SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, INDUSTRIES
DEPARTMENT,GOVERNMENT OF KERALA,
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,COLLECTORATE,
KAKKANAD, ERNAKULAM DISTRICT., PIN - 682030
3 THE VILLAGE OFFICER,
ARAKKAPADY VILLAGE OFFICE, VENGOLA P O,
ERNAKULAM, PIN - 683556
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 6 2025:KER:92679
BY ADV. SRI.AJITH VISWANATHAN, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2025, ALONG WITH WP(C).20616/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 7 2025:KER:92679
JUDGMENT
[WP(C) Nos.20616/2025, 20600/2025, 20606/2025]
The respective petitioners in these Writ Petitions are
aggrieved by the orders which are produced at Ext.P5 in
these Writ Petitions, which quantified the alleged
excess unauthorized excavation by the respective
petitioners, and called upon them to pay penalty at the
rate of five times the rate of royalty. The common bone
of contention of the petitioners is that they have not
been afforded with a proper opportunity, so as to meet
the allegations against them. Learned counsel would
submit that Ext.P1 is the building permit in favour of
the respective petitioners and Ext.P2 is the movement
permit. Ext.P3 is a notice issued alleging excess
excavation, in respect of which, it is the petitioners'
contention that no particulars, whatsoever, have been
stated in Ext.P3. Petitioners would claim that they have
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 8 2025:KER:92679
given Ext.P4 reply, the receipt of which is, however,
disputed by learned Government Pleader on behalf of the
Geologist. Ext.P5 is the final order, calling upon the
petitioners to pay the penalty, as indicated above.
2. Heard learned counsel for the petitioners and the
learned Government Pleader. Perused the records.
3. Learned counsel for the petitioners would submit
that, by any reckoning, the quantum of earth which is
alleged to have been removed is grossly over-estimated.
It was pointed out that the adjacent property of the
petitioners was also subject to excavation, based on an
environmental clearance issued by the competent
authority; and in all probability, the said land and the
alleged excavation made therefrom would have been
included in the assessment made against the petitioners,
but for which, the huge quantum of excess excavation
would not have been found. Learned counsel essentially
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 9 2025:KER:92679
seeks an opportunity to dispute that fact.
4. Learned Government Pleader would submit that Ext.P4
reply was never received by the respondent/Geologist. It
is true that Ext.P3 notice does not contain any
particulars. However, thereafter Annexure R2(d) notice
was issued to cure the defects, detailing all the
particulars with respect to the alleged excavation. When
the petitioners disputed the receipt of Annexure R2(d),
learned Government Pleader had gone to the extent of
producing the despatch register, which would indicate
the despatch of Annexure R2(d) to the respective
petitioners. As against the evidence produced vide the
despatch register, the petitioners would contend that
the same is allegedly sent by ordinary post; and not by
registered post.
5. This Court is of the opinion that the controversy as
to whether Ext.P4 reply has been filed; or whether
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 10 2025:KER:92679
Annexure R2(d) notice has been served on the petitioners
need not be gone into for an effective adjudication of
the matter, especially, in view of the petitioners'
contention that the quantum specified in Ext.P5 orders
is grossly over-estimated. This Court also takes into
account the contention that the nearby property was also
excavated, and the excavation made therefrom also would
have found a place in Ext.P4. At any rate, the
petitioners require and deserve an opportunity to point
out this irregularity, which, if true, would
substantially mitigate the quantum; and consequentially,
the penalty reflected in Ext.P5. In the circumstances,
this Court is not setting aside the orders produced at
Ext.P5 in all three Writ Petitions. Instead, the same
is directed to be kept in abeyance. The 2 nd
respondent/Geologist will afford an opportunity to the
respective petitioners to establish their case with
respect to the quantum, as also, any other valid
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 11 2025:KER:92679
contention to be urged by them. If the 2 nd
respondent/Geologist deems it proper, a measurement of
the property can also be conducted appropriately to
ascertain the correct quantum, which is allegedly
extracted from the sides of the petitioners. Let an
opportunity of being heard be afforded to the
petitioners within a period of one month from the date
of receipt of a copy of this judgment, and let a final
order, either confirming Ext.P5 or in modification
thereof be passed, within a further period of one month
therefrom.
These Writ Petitions are disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
ska
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 12 2025:KER:92679
APPENDIX OF WP(C) NO. 20616 OF 2025
PETITIONER EXHIBITS
Exhibit - P1 A TRUE COPY OF THE SITE APPROVAL AND BUILDING
PERMIT BEARING NO. A2-BA(318904)/2022 DATED
12.10.2022 ISSUED BY VENGOLA GRAMA PANCHAYAT
Exhibit - P2 A TRUE COPY OF THE ORDER ISSUED BY 2ND
RESPONDENT BEARING NO. DOERN-DMG/3024/2023-
MDO DATED 17/05/2023
Exhibit -P3 A TRUE COPY OF THE SHOW CAUSE NOTICE BEARING
NO. DOERN-DMG/3024/2023-MDO DATED 20/04/2024
Exhibit - P4 A TRUE COPY OF THE OBJECTION TO EXT P3 DATED
04/05/2024
Exhibit - P5 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY
2ND RESPONDENT BEARING NO.
DOERN-DMG/3024/2022-MDO DATED 20/03/2025
WHICH WAS SERVED ON THE PETITIONER ON
28/05/2025
Exhibit - P6 A TRUE COPY OF THE JUDGMENT DATED 08/11/2022
RESPONDENT ANNEXURES
Anneure R2(a) True copy of the site Mahasar.
Anneure R2(b) True copy of notary-certified consent letter.
Anneure R2(c) True copy of show cause notice, dated
20/04/2024.
Anneure R2(d) True copy of hearing notice dated 28/01/2025.
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 13 2025:KER:92679
APPENDIX OF WP(C) NO. 20600 OF 2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE SITE APPROVAL AND BUILDING
PERMIT BEARING NO. A2-BA(386880)/2022 DATED
06.12.2022 ISSUED BY VENGOLA GRAMA PANCHAYAT
Exhibit - P2 A TRUE COPY OF THE ORDER ISSUED BY 2ND
RESPONDENT BEARING NO. DOERN-DMG/3023/2022-
MDO DATED 20/10/2023
Exhibit -P3 A TRUE COPY OF THE SHOW CAUSE NOTICE BEARING
NO. DOERN-DMG/3023/2022-MDO DATED 20/04/2024
Exhibit - P4 A TRUE COPY OF THE OBJECTION TO EXT P3 DATED
04/05/2024
Exhibit - P5 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY
2ND RESPONDENT BEARING NO.
DOERN-DMG/3023/2022-MDO DATED 20/03/2025
WHICH WAS SERVED ON THE PETITIONER ON
28/05/2025
Exhibit - P6 A TRUE COPY OF THE JUDGMENT DATED 08/11/2022
RESPONDENT ANNEXURES
Annexure R2(b) True copy of notary-certified consent letter.
Annexure R2(d) True copy of hearing notice dated 28/01/2025.
Annexure R2(c) True copy of show cause notice, dated
20/04/2024.
Annexure R2(a) True copy of the site Mahasar.
WP(C) Nos.20616/2025,
20600/2025, 20606/2025 14 2025:KER:92679
APPENDIX OF WP(C) NO. 20606 OF 2025
PETITIONER EXHIBITS
Exhibit - P1 A TRUE COPY OF THE SITE APPROVAL AND BUILDING
PERMIT BEARING NO. A2-BA(378610)/2022 DATED
30.11.2022 ISSUED BY VENGOLA GRAMA PANCHAYAT
Exhibit - P2 A TRUE COPY OF THE ORDER ISSUED BY 2ND
RESPONDENT BEARING NO. DOERN-DMG/3022/2022-
MDO DATED 16/08/2023
Exhibit -P3 A TRUE COPY OF THE SHOW CAUSE NOTICE BEARING
NO. DOERN-DMG/3022/2022-MDO DATED 20/04/2024
Exhibit - P4 A TRUE COPY OF THE OBJECTION TO EXT P3 DATED
04/05/2024
Exhibit - P5 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY
2ND RESPONDENT BEARING NO.
DOERN-DMG/3022/2022-MDO DATED 20/03/2025
WHICH WAS SERVED ON THE PETITIONER ON
28/05/2025
Exhibit - P6 A TRUE COPY OF THE JUDGMENT DATED 08/11/2022
RESPONDENT ANNEXURES
Anneure R2(a) True copy of the site Mahasar.
Anneure R2(b) True copy of notary-certified consent letter,
dated 21/12/2022.
Anneure R2(c) True copy of show cause notice, dated
20/04/2024.
Anneure R2(d) True copy of hearing notice dated 28/01/2025.
