Hilton Stones And Aggregates Llp vs State Of Kerala
2025 Latest Caselaw 6545 Ker

Kerala High Court

Hilton Stones And Aggregates Llp vs State Of Kerala on 10 June, 2025

                                                          2025:KER:40592


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947

                        WP(C) NO. 3749 OF 2025


PETITIONER:

    1     HILTON STONES AND AGGREGATES LLP,
          AGED 52 YEARS
          1/109A, THAYYIL HOUSE, VENGALLOOR P.O.,
          REPRESENTED BY ITS DESIGNATED PARTNER, JOMON JACOB,
          AGED 52 YEARS, S/O. JACOB, THAYYIL HOUSE, VENGALLOOR
          KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, IDUKKI
          DISTRICT, PIN - 685608


          BY ADVS.
          SRI.MANU VYASAN PETER
          SHRI.P.B.KRISHNAN (SR.)
          SRI.P.B.SUBRAMANYAN
          SRI.SABU GEORGE
          SMT.B.ANUSREE
          SMT.AISWARYA MOHAN


RESPONDENTS:

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

    2     THE TAHSILDAR,
          TALAPPILLY TALUK OFFICE, WADAKKANCHERRY,
          THRISSUR DISTRICT, PIN - 680623

    3     THE VILLAGE OFFICER,
          VENGANELLOOR VILLAGE OFFICE, CHELAKKARA P.O.,
          THRISSUR DISTRICT, PIN - 680586

          BY ADV.SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2025:KER:40592


W.P.(C.) No.3749 of 2025
                                       -2-



                        C. JAYACHANDRAN, J.
               ------------------------------------
                      W.P.(C.) No.3749 of 2025
               ------------------------------------
              Dated, this the 10th day of June, 2025


                                     JUDGMENT

The petitioner is aggrieved by Ext.P12 communication issued

by the Village Officer to the Geologist, indicating that

Ext.P11 Non Assignment Certificate need not be acted upon.

The essential premise based upon which Ext.P12

communication is issued is that, a complaint has been

received from a committee opposing the activities of

Sreekrishna Estate Quarry and that inspection of records is

going on with respect to the land in question in the

various offices of the revenue. The petitioner seeks

quashment of Ext.P12 and a direction to issue the revenue

certificates sought for by the petitioner.

2. Having heard the learned Counsel for the petitioner

and the learned Senior Government Pleader, this Court 2025:KER:40592

notice that the land in question was originally a garden

land, exempted under Section 81 of the Kerala Land Reforms

Act, 1963. Now, the objection of the respondents is that

the said land is sought to be utilised for a purpose other

than for which exemption is granted, that is to say,

running a quarry. The said issue has already been

considered by a series of judgments of this Court including

Ext.P16, wherein it was held that the so called

fragmentation of the land shall not stand in the way of

issuance of revenue certificates. Paragraph no.4 of Ext.P16

judgment is extracted here below:

"4. Having heard the learned counsel for the petitioner and the Learned Senior Government pleader, I am of the view that in the facts and circumstances of this case, revenue certificates cannot be denied on the ground that the land in respect of which such certificates are sought form part of land exempted from land ceiling proceedings under the provisions of the Kerala Land Reforms Act, 1963. In the facts of the present case, it is evident that the certificates are being sought 2025:KER:40592

to process applications for the issuance of permits for mining activities. It is also fairly clear from the authorities cited before me that while the land owner may lose the benefit of the exemption (if the land is converted for other activities), fragmentation is per se not illegal. Whether such land can be put to use for quarrying activities and whether such permission should be refused on environmental grounds or on the ground that permission is required under the provisions of the Kerala Land Utilisation Order, 1967 etc. are all matters to be decided at the appropriate stage. The only prayer in this writ petition is for a direction to the 2nd respondent to issue certain revenue certificates. These need not be denied for the reason that the land is part of exempted land under the Kerala Land Reforms Act, 1963 or on the ground that no permission has been obtained to convert land under the provisions of the Kerala Land Utilisation Order, 1967. However, it has to be clarified that the issuance of these revenue certificates will not mean that the petitioner is entitled to the issuance of mining permit or for the grant of environmental clearance or that no 2025:KER:40592

permission under the provisions of the Kerala Land Utilisation Order, 1967 is required for conversion of the land for purposes other than cultivation of coffee. It also has to be clarified that the issuance of these revenue certificates will not mean that the landowners are not liable for action under the provisions of the Kerala Land Reforms Act, 1963. Therefore this Writ Petition is disposed of directing the 2nd respondent to issue the revenue certificates applied for in terms of the application referred to as Ref.No.2 in Ext P3 communication. The issuance of these certificates shall not be treated as a no-objection from the revenue department to start quarrying operations over the land in question. Notwithstanding the issue of such revenue certificates, it will be open to the competent among the respondents to initiate action in accordance with the law, for reasons indicated above or for any other purpose. The certificates shall be issued within a period of one month from the date of receipt of a certified copy of this judgment."

3. The petitioner seeks the same course to be followed in

the instant facts as well.

2025:KER:40592

4. Learned Senior Government Pleader would submit that an

appeal has been carried from Ext.P16, in which, a stay has

also been obtained.

5. This Court is still of the view that the course

adopted in Ext.P16 can be followed, rendering the same,

subject to the outcome of the Writ Appeal preferred by the

State.

6. In the circumstances, there will be a direction to

respondents 2 and 3, Tahasildar and the Village Officer

concerned, to issue the revenue certificates sought for by

the petitioner, which issuance will be subject to the same

conditions as are set out in Ext.P16, besides being subject

to an additional condition that the issuance of the

certificates will be subject to the result of

W.A. No.2299/2019 pending before this Court. All the

caveats, which are culled out in paragraph no.4 of Ext.P16

extracted above, will equally operate in respect of the

instant direction to issue the revenue certificates sought 2025:KER:40592

for. The above exercises shall be completed by respondents

2 and 3 within a period of one month from the date of

receipt of a copy of this judgment. The petitioner will

produce a copy of this judgment before the said

respondents, for compliance.

The Writ Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN

JUDGE SKP/10-06 2025:KER:40592

APPENDIX OF WP(C) 3749/2025

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 1316/I/2020 DATED 27.11.2020 OF SRO CHELAKKARA EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT BEARING NO. KL08024300835/2021 DATED 31.03.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 18.06.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 03.11.2022 IN W.P(C) NO. 20764 OF 2022 OF THIS HON'BLE COURT EXHIBIT P8 TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, THALAPPILLY EXHIBIT P9 TRUE COPY OF THE ORDER DATED 31.12.2022 ISSUED BY THE TAHSILDAR, THALAPPILLY TALUK EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 12.09.2023 IN W.P(C) NO. 10346 OF 2023 EXHIBIT P11 TRUE COPY OF THE CERTIFICATE DATED 31.05.2024 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 04.11.2024 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR TO THE GEOLOGIST, THRISSUR EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 26.11.2024 SUBMITTED BY THE PETITIONER UNDER RTI ACT BEFORE THE VILLAGE OFFICER, VENGANELLOOR 2025:KER:40592

EXHIBIT P14 TRUE COPY OF THE REPLY DATED 26.12.2024 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 20.07.2022 IN W.P(C) NO. 22695 OF 2022 EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 10.08.2023 IN W.P(C) NO. 16472 OF 2023

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A. TO JUDGE