Adv. Mathai Eapen Vettath vs District Collector
2025 Latest Caselaw 807 Ker

Kerala High Court

Adv. Mathai Eapen Vettath vs District Collector on 9 July, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2025:KER:50379

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 WEDNESDAY, THE 9TH DAY OF JULY 2025 / 18TH ASHADHA, 1947

                    WP(C) NO. 12204 OF 2025

PETITIONER:

         ADV.MATHAI EAPEN VETTATH,
         AGED 66 YEARS,
         S/O. LATE EAPEN,
         CHAIRMAN MAR MATHAI DHAYARA VETTATH SWAROOPAM,
         PB NO. 1, NJEEZHOOR P.O., VAIKOM TALUK,
         KOTTAYAM DISTRICT, PIN - 686612

         BY ADV.
         MATHAI EAPEN VETTATH (PARTY-IN-PERSON)


RESPONDENTS:

    1    DISTRICT COLLECTOR,
         KOTTAYAM, COLLECTORATE,
         KOTTAYAM DISTRICT, PIN - 686002

    2    GEOLOGIST,
         DEPARTMENT OF MINING AND GEOLOGY,
         COLLECTORATE, KOTTAYAM, PIN - 686002

    3    SECRETARY,
         SPORTS AND TOURISM DEPARTMENT
         GOVERNMENT OF KERALA, SECRETARIAT ANNEX,
         THIRUVANANTHAPURAM, PIN - 695001

         BY ADV.
         SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 09.07.2025,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
                                                         2025:KER:50379
W.P.(C) No.12204/2025
                                 :2:




                            JUDGMENT

Dated this the 9th day of July, 2025

The petitioner is the co-owner of 14 Acres of land in

Njeezhoor Village in Vaikom Taluk of Kottayam District. Though

the petitioner attempted agriculture in the property, due to water

scarcity, the agriculture failed. Rocks were falling down during

rainy season causing threat to the local inhabitants.

Subsequently, the petitioner decided to use the land for

developing sports. The petitioner proposes to construct a sports

complex in the land.

2. The Njeezhoor Grama Panchayat has given

NOC and sanction for establishing a football court, badminton

court and cricket ground. The Agricultural Officer and the

Village Officer also gave positive reports in favour of the 2025:KER:50379

petitioner. However, the Geologist, whose permission was

required for breaking of rocks, postponed any decision on one

or the other ground. The petitioner states that due to the failure

of the respondents to give clearance, the project could not be

started.

3. The inaction on the part of the District Collector

in not sanctioning the football ground is arbitrary. The project is

delayed due to non-sanctioning of breaking rocks by the 1st

respondent. The petitioner is therefore before this Court

seeking to direct the 1st respondent to provide sanction to

construct football ground after breaking rocks and levelling the

property.

4. The 2nd respondent-Geologist resisted the writ

petition and filed counter affidavit. The petitioner first submitted

application to remove rock boulders to pursue agriculture in the

land. While the application was being processed, the petitioner 2025:KER:50379

submitted yet another application stating that he wishes to

develop his village by bringing sports and tourism projects in the

property. As on date, three applications for development of land

are pending for different purposes. The respondents therefore

could not take a decision.

5. The Deputy Director of Tourism Department

has informed that the Njeezhoor Grama Panchayat has not

submitted any proposal before the Tourism Department so far.

The Tahsildar, Vaikom has reported that complaints have been

received to the effect that mining of rocks from the property of

the petitioner would damage their houses. The 1st respondent

has no authority to issue permission to break and remove the

rocks in the property of the petitioner. The writ petition is

therefore only to be dismissed.

6. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing the 2025:KER:50379

respondents.

7. The petitioner wants to develop the property

into a sports complex. The Local Self Government Institution

has granted NOC. For developing the land, rocks/boulders

have to be removed and transported out which requires the

approval of the Geologist and RDO. The Government Peader

submits that for starting sports complex as part of Sports

Tourism, approval of the Government of Kerala is required.

8. If a citizen intends to start a Sports Complex in

his private property, the authorities have to consider statutory

applications and take decision without much delay. The

petitioner, who appeared as party in person, submitted that he is

giving up his applications for developing the land for agricultural

purpose and his application relating to danger of rolling stones

and is confining his prayer to the development of the land for

sports purpose. I find no reason to decline consideration of the 2025:KER:50379

application of the petitioner.

9. In the circumstances, the writ petition is

disposed of with the following directions:

i) The petitioner shall in writing withdraw his

application submitted for development of land

for agricultural purpose and also the application

relating to the danger of rolling stones.

ii) The petitioner thereafter shall obtain

necessary approval as is required from the

Local Self Government Institution indicating the

quantum of rock / ordinary earth to be removed

for the purpose of constructing the Sports

Complex.

iii) Thereafter, the petitioner shall approach the

Revenue Divisional Officer and obtain No

Objection Certificate which is required under 2025:KER:50379

Rule 104 of the Kerala Minor Mineral

Concession Rules, 2015.

iv) The Revenue Divisional Officer may take a

decision on the No Objection Certificate after

obtaining clearance from the Geologist /

Department of Mining and Geology.

v) After obtaining No Objection Certificate from

the Revenue Divisional Officer as contemplated

under Rule 104 of the Kerala Minor Mineral

Concession Rules, 2015, the petitioner may

approach the Secretary to the Government, of

the Department concerned and submit

application for approval of establishment of

Sports Complex.

vi) The Government shall consider the

application if the application is accompanied by 2025:KER:50379

all supporting documents, and take appropriate

decision thereon within a further period of three

months.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:50379

APPENDIX OF WP(C) 12204/2025

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR KOTTAYAM DATED 30.07.2024 WITH RELATED DOCUMENTS

Exhibit P2 TRUE COPY OF NOC GRANTED BY THE NJEEZHOOR GRAMA PANCHAYAT DATED 12.11.2024

Exhibit P2(a) TRUE COPY OF THE PLAN OF FOOTBALL COURT DAED NIL

Exhibit P2(b) TRUE COPY OF THE PLAN OF BADMINTON COURT AND BASKET BALL COURT DATED NIL

Exhibit P2(c) TRUE COPY OF THE PLAN OF CRICKET GROUND DATED NIL

Exhibit P3 TRUE COPY OF LETTER OF GEOLOGIST DATED 7.1.2025

Exhibit P4 TRUE COPY OF REPLY LETTER SENT BY PETITIONER TO GEOLOGIST DATED 15.1.2025

Exhibit P5 TRUE COPY OF LOCATION SKETCH DATED 17.1.2025

Exhibit P6 TRUE COPY OF POSSESSION CERTIFICATE BEARING NO.90744646 DATED 15.1.2025 ISSUED BY NJEEZHOOR VILLAGE OFFICE

Exhibit P7 TRUE COPY OF POSSESSION CERTIFICATE BEARING NO.90744608 DATED 15.1.2025 ISSUED BY NJEEZHOOR VILLAGE OFFICE 2025:KER:50379

Exhibit P8 PHOTOGRAPH SHOWING THE INAUGURATION OF PUBLIC MEETING FUNCTION BY DR.

GEEVARGHESE MAR LOUYOS

Exhibit P9 TRUE COPY OF INAUGURATION NEWS DATED 2.1.2025 APPEARED IN MALAYALA MANORAMA

Exhibit P10 PHOTOGRAPH SHOWING THE INAUGURATION OF TROPHY BY DEPUTY SPEAKER OF KERALA LEGISLATIVE ASSEMBLY

Exhibit P11 PHOTOGRAPH SHOWING THE INAUGURATION OF PUBLIC MEETING FUNCTION BY MONS JOSEPH MLA Exhibit P12 TRUE COPY OF THE REPORT PUBLISHED IN DESABHIMANI DAILY DATED 9.1.2025 Exhibit P13 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.1.2025 Exhibit P14 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 9.1.2025 Exhibit P15 TRUE COPY OF LETTER SENT BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.1.2025 Exhibit P16 TRUE COPY OF MESSAGE DATED 21.11.2024 OF CHIEF MINISTER OF KERALA Exhibit P17 TRUE COPY OF MESSAGE DATED NIL OF THE HON'BLE MINISTER FOR SPORTS TOURISM Exhibit P18 TRUE COPY OF THE NEWS PAPER CUTTING OF MALAYALA MANORAMA DATED 23RD APRIL 2025, PAGE 16 VARTHAMANAM Exhibit P19 TRUE COPY OF LETTER BEARING NO.

DCKTM/7471/2024-DMI DATED 25.04.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P20 TRUE COPY OF LETTER DATED 9.4.2025 ISSUED BY MALANAD ENVIRONMENT PROTECTION COMMITTEE 2025:KER:50379

RESPONDENTS' EXHIBITS:

Exhibit R2(a) True copy of the Letter dated 12.06.2024 Exhibit R2(b) True copy of the letter dated 10.01.2025 Exhibit R2(c) True copy of the letter dated 15.01.2025 Exhibit R2(d) True copy of report of geologist addressed to RDO dated 22/03/2025 Exhibit R2(e) True copy of the letter dated 16.04.2025.