Kerala High Court
Sunethra K.S vs The State Of Kerala on 3 November, 2025
2025:KER:82744
WP(C) No.6090 of 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 6090 OF 2025
PETITIONER:
SUNETHRA K.S.,
AGED 62 YEARS
W/O. ACHUTHAN, KOMATHUKATTIL HOUSE, MANAVALASSERY
VILLAGE, MUKUNDAPURAM TALUK, IRINJALAKUDA.P.O.,
THRISSUR, PIN - 680121
BY ADVS.
SRI.PAUL ABRAHAM VAKKANAL
SRI.ABRAHAM VAKKANAL (SR.)
SMT.VINEETHA SUSAN THOMAS
SHRI.JEEVAN BABU
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES
DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001.
2 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION ANNEX, CHEMMANDA ROAD, IRINJALAKKUDA,
THRISSUR, PIN - 680125.
3 THE TAHSILDAR,
MUKUNDAPURAM, THRISSUR DISTRICT, PIN - 680682.
4 THE VILLAGE OFFICER,
IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680121.
2025:KER:82744
WP(C) No.6090 of 2025 2
5 THE DISTRICT GEOLOGIST,
DISTRICT OFFICE, MINING & GEOLOGY, TRISSUR, PIN -
680001.
6 THE FISHERIES EXTENSION OFFICER,
MATHSYA BHAVAN, CHALAKKUDY, CHALAKKUDY BLOCK OFFICE,
CHALAKKUDY P.O, THRISSUR DISTRICT, PIN - 680307.
7 DEPUTY DIRECTOR OF FISHERIES,
AMBAKADAN JUNCTION, PALLIKULAM P.O, THRISSUR DISTRICT,
PIN - 680020.
OTHER PRESENT:
SRI.S.RENJITH, SPL. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:82744
WP(C) No.6090 of 2025 3
JUDGMENT
The petitioner is essentially aggrieved by Ext.P15 Order
passed by the 2nd respondent Revenue Divisional Officer,
which refused to consider her application for issuance of a
No Objection Certificate (N.O.C), in terms of Rule 104 of
the Kerala Minor Mineral Concession Rules, 2015, produced at
Ext.P15. The solitary premise which is taken stock of in
Ext.P15 is an observation by this Court in Ext.P6 judgment,
rendered in an earlier case between the parties, wherein
this Court found that a N.O.C from the R.D.O is not
required.
2. Heard Sri.Abraham Vakkanal, learned Senior Counsel,
duly instructed by Adv.Paul Abraham Vakkanal on behalf of
the petitioner and Sri.S.Renjith, learned Special Government
Pleader, on behalf of the respondents.
3. Having heard both sides, this Court finds that the 2nd
respondent R.D.O has misconceived the ambit of Ext.P6
judgment by this Court. Ext.P6 was a judgment rendered in
the context of an application preferred by a Co-operative
2025:KER:82744
Society of Artisans in terms of Rule 106(5) of the K.M.M.C
Rules; and this Court has correctly held that a N.O.C from
the R.D.O is not required. The same legal position will not
prevail, when the application filed is one under Rule 104 of
the K.M.M.C Rules.
4. Ext.P14 application is specific, as could be seen from
the last sentence therein, that the application is preferred
under Rule 104 of the K.M.M.C Rules; and Rule 104
specifically contemplates N.O.C from the R.D.O to be issued.
If that be so, the premise which is being canvassed in
Ext.P15 cannot be sustained in law. Ext.P15 will therefore
stand set aside. Ext.P16(b) and Ext.P16(d) Orders, which
are only consequential to Ext.P15, will also stand set
aside.
5. There will be a direction to the 2nd respondent R.D.O to
consider Ext.P14 application in accordance with law, taking
stock of the fact that the said application is filed under
Rule 104 of the K.M.M.C Rules. In as much as Ext.P14
application is filed as early as on 07.10.2024, the 2nd
respondent R.D.O will consider Ext.P14 expeditiously, at
2025:KER:82744
any rate, 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 2nd respondent,
for compliance. The impact, if any, of the judgment relied
upon by the petitioner will also be considered by the 2nd
respondent R.D.O while disposing Ext.P14. The interim order
will continue for a period of one month, within which
Ext.P14 is directed to be disposed of.
The Writ Petition will stand allowed as indicated
above.
Sd/-
C. JAYACHANDRAN
JUDGE
smp
2025:KER:82744
APPENDIX OF WP(C) 6090/2025
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LAND REGISTRATION
CERTIFICATE NO. TCR/AR/77/2023 DATED
30.10.2023 ISSUED BY THE 7TH RESPONDENT
Exhibit-P2 TRUE COPY OF THE AQUACULTURE LICENSE
CERTIFICATE NO. TCR/AL/173/2023 DATED
30.10.2023 ISSUED BY THE 7TH RESPONDENT
Exhibit-P3 TRUE COPY OF THE CERTIFICATE EVIDENCING THE
PARTICIPATION IN THE TRAINING PROGRAM ISSUED
BY THE FISHERIES EXTENSION OFFICER,
CHALAKKUDY MATSYA BHAVAN
Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 17.10.2022 IN
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 02.03.2023
Exhibit-P6 TRUE COPY OF THE JUDGMENT DAQTED 03.01.2024
IN WP(C ) 28638 OF 2023
Exhibit-P7 A TRUE COPY OF THE JUDGMENT DATED 01.07.2024
Exhibit-P8 TRUE COPY OF THE REPRESENTATION DATED
17.07.2024 PREFERRED BY THE PETITIONER TO THE
2ND RESPONDENT THROUGH 4TH RESPONDENT
Exhibit-P9 A TRUE COPY OF THE REPORT OF 4TH RESPONDENT
DATED 07.08.2024 ALONG WITH MAHAZAR OBTAINED
UNDER RIGHT TO INFORMATION ACT 2005
Exhibit-P10 A TRUE COPY OF THE REPORT OF 3RD RESPONDENT
HAVING FILE NO. TLKMKM/1001/2023-B5 DATED
14.08.2024
Exhibit-P11 A TRUE COPY OF THE LETTER NO. 9739/2022 DATED
30.08.2024
Exhibit-P12 TRUE COPY OF THE APPLICATION DATED 05.09.2024
SUBMITTED BY THE PETITIONER TO THE 5TH
RESPONDENT
Exhibit-P13 TRUE COPY OF THE LETTER NO.
DOTHR-DMG/1040/2024-M DATED 04.10.2024 OF THE
5TH RESPONDENT
Exhibit-P14 A TRUE COPY OF THE REPRESENTATION DATED
07.10.2024 PREFERRED BY THE PETITIONER TO THE
2ND RESPONDENT
2025:KER:82744
Exhibit-P15 TRUE COPY OF THE LETTER NO. CD-9739/2022
DATED 21.10.202
Exhibit-P16 A TRUE COPY OF THE NOTICE DATED 18.05.2024
ISSUED BY THE 6TH RESPONDENT
Exhibit P16(a) TRUE COPY OF THE APPLICATION DT. 3.6.2025 TO
THE 2ND RESPONDENT RDO, WITHOUT ITS
ENCLOSURES.
Exhibit P16(b) TRUE COPY OF THE REPLY FROM THE 2ND
RESPONDENT DT. 10-06-2025.
Exhibit P16(c) TRUE COPY OF THE SAID APPLICATION DT.
12-06-2025 SUBMITTED BEFORE THE 2ND
RESPONDENT.
Exhibit P16(d) TRUE COPY OF THE REPLY OF THE 2ND RESPONDENT
INTIMATING REJECTION DT. 07-07-2025.
Exhibit P16(e) TRUE COPY OF THE JUDGMENT DT. 19-03-2024 IN
WP(C) NO. 32933/2023.
Exhibit P16(f) TRUE COPY OF THE NOC DT. 22-02-2024 NO.
C3-1974-22 ISSUED BY THE RDO, IRINJALAKUDA.
Exhibit-P17 A TRUE COPY OF THE LETTER DATED 01.11.2024
PREFERRED BY THE PETITIONER TO THE 6TH
RESPONDENT
Exhibit-P18 TRUE COPY OF THE REPORT ISSUED BY THE 6TH
RESPONDENT DATED 1.11.2024
