Kunhammed vs The State Of Kerala
2025 Latest Caselaw 12596 Ker

Kerala High Court

Kunhammed vs The State Of Kerala on 26 December, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:98874

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 26TH DAY OF DECEMBER 2025 / 5TH POUSHA, 1947

                WP(C) NO. 48396 OF 2025

PETITIONER:

         KUNHAMMED
         AGED 58 YEARS
         SON OF ABDULLA, VANNANTAVIDA,
         VARIKOLI P.O., VALAYAM VILLAGE,
         VADAKARA TALUK, KOZHIKODE DISTRICT,
         PIN - 653517


         BY ADVS.
         SRI.P.M.ZIRAJ
         SRI.IRFAN ZIRAJ




RESPONDENTS:

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

    2    THE DIRECTOR
         MINING AND GEOLOGY,KESAVADASAPURAM,
         PATTOM PALACE P.O.,
         THIRUVANANTHAPURAM, PIN - 695004

    3    REVENUE DIVISIONAL OFFICER (RDO)
         OFFICE OF THE REVENUE DIVISIONAL OFFICER ,
         MANANTHAVADY, WAYANAD DISTRICT,
         PIN - 670645
                                              2025:KER:98874
WP(C) No.48396 of 2025

                               2


    4     DISTRICT GEOLOGIST
          DISTRICT OFFICE DEPARTMENT OF MINING AND
          GEOLOGY, KALPETTA SULTHAN BATHERY ROAD,
          SULTHANBATHERY, WAYANAD DISTRICT,
          PIN - 673591


          SMT VIDYA AC, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 26.12.2025, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
                                                      2025:KER:98874
WP(C) No.48396 of 2025

                                   3



                         JUDGMENT

Dated this the 26th day of December, 2025

The petitioner purchased land along with building and is

conducting a Hotel in the said building. The building was

constructed after extraction and removal of ordinary earth

from the foundation of the building. The parking area of the

said Hotel is insufficient for its customers. Hence, the

petitioner intended to prepare more parking area after

extraction and removal of granite building stone from the

property. Without removing the granite building stone it is

impossible to park the vehicles. The activity of the petitioner

does not amount to winning of any mineral and hence, the

activity would come under the purview of Rule 104 of the

Kerala Minor Mineral Concession Rules.

2. For submitting an application before the

Government under Rule 104 of the Kerala Minor Mineral 2025:KER:98874

Concession Rules through 2nd respondent, the petitioner has

to obtain a No Objection Certificate from the 3rd respondent.

Hence, the petitioner submitted Ext.P7 application before the

3rd respondent. The 3rd respondent forward the application to

the 4th respondent and the 4th respondent submitted a

favourable report and recommended for issuance of No

Objection Certificate. Even after about one year from the date

of submission of the application, the 3rd respondent did not

consider the same in spite of repeated requests. Hence, the

petitioner has approached this Court seeking to direct the 3 rd

respondent to consider Ext.P7 application submitted by the

petitioner within a reasonable period.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

4. From the pleadings I find that the petitioner has

preferred Ext.P7 application for No Objection Certificate

before the 3rd respondent. In the facts of the case, it would be 2025:KER:98874

only just and proper that the 3rd respondent considers the

same and passes appropriate orders thereon in accordance

with law within a reasonable time.

The writ petition is accordingly disposed of directing the

3rd respondent to consider Ext.P7 application and pass orders

thereon within a period of one month, if the application is

received and pending.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:98874

APPENDIX OF WP(C) NO. 48396 OF 2025

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF PETITIONER AND OTHERS DATED 03/10/2025 ISSUED BY THE VILLAGE OFFICER, VENGAPALLY, VYTHIRI TALUK, WAYANAD DISTRICT Exhibit P2 A TRUE COPY OF THE TITLE DEED OF THE PETITIONER AND OTHERS EXECUTED BY SRI/ABDUL SALAM AND SALAM MUKKIL VALAPPIL NO. 2749 OF 2025 OF KALPETTA SUB REGISTRY OFFICE DATED 23/8/2025 Exhibit P3 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 29/7/2021 ISSUED BY THE SECRETARY, VENGAPALLY GRAMA PANCHAYAT TO THE PREDECESSOR OF THE PETITIONER, SRI/SALAM AND ABDUL SALAM Exhibit P4 A TRUE COPY OF THE DEVELOPMENT PERMIT DATED 30/7/2021 ISSUED BY THE SECRETARY, VENGAPALLY GRAMA PANCHAYAT TO SRI. SALAM MUKKIL VALAPPIL AND ABDUL SALAM, THE PREDECESSORS OF THE PETITIONER Exhibit P5 A TRUE COPY OF THE NON-ASSIGNMENT CERTIFICATE ISSUED BY THE VENGAPALLY VILLAGE OFFICER DATED 19/4/2021 TO THE PREDECESSORS OF THE PETITIONER Exhibit P6 A TRUE COPY OF THE PERMIT/ ORDER DATED 26/10/2022 ISSUED BY THE 4TH RESPONDENT TO THE PREDECESSORS OF THE PETITIONER, SRI.ABDUL SALAM AND SALAM MUKKIL VALAPPIL Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 22.1.2025 2025:KER:98874

BEFORE THE THIRD RESPONDENT Exhibit P8 TRUE COPY OF THE RECEIPT DATED 7.2.2025 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT REGARDING RECEIPT OF EXHIBIT P7 APPLICATION Exhibit P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FOURTH RESPONDENT TO THE THIRD RESPONDENT DATED 14.6.2025 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT