Kerala High Court
T.V. Unnikrishnan vs The District Collector on 22 October, 2025
W.P.(C)No.42825/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 37377 OF 2024
PETITIONER:
M/S. ORIENTAL ROCK PRODUCTS PVT. LTD.,
XII/243, OLD TREASURY BUILDING, P.O. JUNCTION,
MUVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY
ITS MANAGING DIRECTOR, SAJEEV MATHEW,
PIN - 686661
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SHRI.SAJU S. DOMINIC
SRI.RENJITH THAMPAN (SR.)
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING & GEOLOGY, TOWN BUS STAND
COMPLEX, PALAKKAD, PIN - 679014
2 THE DISTRICT COLLECTOR, PALAKKAD,
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
PALAKKAD, PIN - 678001
3 SMT.PREMA T.,
MATHUPULLY, VADAKKEKARA, CHAZHIYATTIRI,
THIRUMITTACODE, PATTAMBI, PALAKKAD, PIN - 679303
Addl.R4 PHIROS KHAN,
SON OF ABDUL KAREEM, PAMBALATH VALAPPIL,
CHATHANNUR P.O., PERINGODE (VIA), PALAKKAD
DISTRICT.
W.P.(C)No.42825/23 & con.cases
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Addl.R5 JAYAKRISHNAN C.,
SON OF PRABHAKARAN, HARISREE NILAYAM, CHATHANNUR
P.O., PALAKKAD DISTRICT.
Addl.R6 NOUSHAD N.M.,
SON OF MUHAMMED KUTTY, NEENTHOOR HOUSE,
CHATHANNUR P.O., PALAKKAD DISTRICT.
(ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DATED
15.09.2025)
BY ADVS.
SHRI.SREEDEV U
SHRI.T.RAMPRASAD UNNI
SRI.K.RAMAKUMAR (SR.)
SRI.S.M.PRASANTH
SHRI.SHEHIN S.
SMT.DEVIKA S.
SMT.RESHMA DAS P.
OTHER PRESENT:
BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
ADV.DEEPA NARAYANAN-SENIOR GOVERNMENT PLEADER
ADV.SREEDEV - FOR R3
ADV.T.RAMPRASAD UNNI - FOR R4 TO R6
THIS WRIT PETITION (CIVIL) HAVING BEEN CAME UP FOR
HEARING ON 22.10.2025, ALONG WITH WP(C).42825/2023,
17870/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.42825/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 42825 OF 2023
PETITIONER:
T.V. UNNIKRISHNAN,
AGED 56 YEARS
S/O. ACHUTHAN NAIR THEKKEVILAKKATHALA,
NAGALASSERRY P.O, PALAKKAD. (MEMBER WARD NO V.,
NAGALASSERRY GRAMA PANCHAYAT, PALAKKAD),
PIN - 679533
BY ADV SHRI.SREEDEV U
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PALAKKAD DISTRICT COLLECTORATE, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD, KERALA, PIN - 678013
2 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
MUNICIPAL SHOPPING COMPLEX, T.B.ROAD, PALAKKAD,
PIN - 678014
3 NAGALASSERY GRAMA PANCHAYAT,
KOOTANAD, PALAKKAD, REPRESENTED BY ITS SECRETARY,
PIN - 679533
4 M/S. ORIENTAL ROCK PRODUCTS PVT. LTD.,
12/243, OLD TREASURY BUILDING, P.O. JUNCTION,
MUVATTUPUZHA, ERNAKULAM, REPRESENTED BY ITS
MANAGING DIRECTOR, SAJEEV MATHEW, PIN - 686661
W.P.(C)No.42825/23 & con.cases
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BY
ADV.S.P.ARAVINDAKSHAN PILLAY - FOR R3
ADV.PHILIP J.VETTICKATTU - FOR R4
ADV.N.SANTHA
ADV.V.VARGHESE
ADV.PETER JOSE CHRISTO
ADV.S.A.ANAND
ADV.K.N.REMYA
ADV.L.ANNAPOORNA
ADV.VISHNU V.K.
ADV.NEENU BERNATH
ADV.SAJU S. DOMINIC
ADV.DEEPA NARAYANAN-SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING CAME UP FOR HEARING
ON 22.10.2025, ALONG WITH WP(C).37377/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.42825/23 & con.cases
5
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 17870 OF 2024
PETITIONER:
M/S. ORIENTAL ROCK PRODUCTS PVT. LTD.,
AGED 53 YEARS
XII/243, OLD TREASURY BUILDING, P.O. JUNCTION,
MUVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY
ITS MANAGING DIRECTOR, SAJEEV MATHEW, PIN -
686661
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SRI.RENJITH THAMPAN (SR.)
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING & GEOLOGY, TOWN BUS STAND
COMPLEX, PALAKKAD, PIN - 679014
2 THE DIRECTOR,
MINING & GEOLOGY, DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P.O., THIRUVANANTHAPURAM,
PIN - 695004
3 THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD, PIN - 678001
4 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001
W.P.(C)No.42825/23 & con.cases
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BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN CAME UP FOR
HEARING ON 22.10.2025, ALONG WITH WP(C).37377/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.42825/23 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 19296 OF 2024
PETITIONER:
M/S. ORIENTAL ROCK PRODUCTS PVT. LTD.,
XII/243, OLD TREASURY BUILDING, P.O. JUNCTION,
MUVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY
ITS MANAGING DIRECTOR, SAJEEV MATHEW,
PIN - 686661
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SHRI.SAJU S. DOMINIC
SRI.RENJITH THAMPAN (SR.)
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING & GEOLOGY, TOWN BUS STAND
COMPLEX, PALAKKAD, PIN - 679014
2 THE TAHSILDAR,
PATTAMBI TALUK, PALAKKAD, PIN - 679303
3 THE DISTRICT COLLECTOR,
PALAKKAD, CIVIL STATION, PALAKKAD, PIN - 678001
4 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001
W.P.(C)No.42825/23 & con.cases
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BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2025, ALONG WITH WP(C).37377/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.42825/23 & con.cases
9
2025:KER:78015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 22114 OF 2024
PETITIONER:
M/S. ORIENTAL ROCK PRODUCTS PVT. LTD.,
XII/243, OLD TREASURY BUILDING, P.O. JUNCTION,
UVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY
ITS MANAGING DIRECTOR, SAJEEV MATHEW,
PIN - 688661
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SMT.NEENU BERNATH
SHRI.SAJU S. DOMINIC
RESPONDENT:
1 THE SECRETARY,
NAGALASSERY GRAMAPANCHAYAT, KOOTANAD P.O.,
PALAKKAD DISTRICT, PIN - 679533
2 NAGALASSERY GRAMAPANCHAYAT,
REPRESENTED BY ITS SECRETARY, KOOTANAD P.O.,
PALAKKAD DISTRICT, PIN - 679533
3 THE TAHSILDAR,
PATTAMBI TALUK, PATTAMBI, PALAKKAD, PIN - 679533
4 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING & GEOLOGY, TOWN BUS STAND
COMPLEX, PALAKKAD, PIN - 679014
W.P.(C)No.42825/23 & con.cases
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5 THE DIRECTOR,
MINING & GEOLOGY DIRECTORATE, KESAVADASAPURAM,
PATTOM PALACE P.O., THIRUVANANTHAPURAM,
PIN - 695004
6 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695004
BY
ADV.S.P.ARAVINDAKSHAN PILLAY - FOR R2
ADV.N.SANTHA
ADV.V.VARGHESE
ADV.PETER JOSE CHRISTO
ADV.S.A.ANAND
ADV.K.N.REMYA
ADV.L.ANNAPOORNA
ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2025, ALONG WITH WP(C).37377/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.C.Nos.42825 of 2023,
17870 of 2024,
19296 of 2024,
22114 of 2024 & 37377 of 2024
JUDGMENT
Dated this the 22nd day of October, 2025
These writ petitions, except the one which is referred
first above, unfurls usurpation of power and authority
beyond what is contemplated by law, that too, on an issue
which has been squarely covered by several judgments of
this Court.
2. Heard Sri.Renjith Thampan, learned Senior Counsel for
the petitioners, duly instructed by Sri.Philip
J.Vettickattu, in Writ Petition Nos.17870 of 2024, 19296
of 2024, 22114 of 2024 and 37377 of 2024 and
Adv.Sri.Sreedev U., for the petitioner, in W.P.C.No.42825
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of 2023, and for the third respondent in W.P.(C) No.37377
of 2024. Also heard learned Standing Counsel
Sri.S.P.Aravindakshan Pillay, for respondents 1 and 2, in
W.P.(C) No.22114 of 2024; learned Senior Government
Pleader, Smt.Deepa Narayanan, learned Government Pleader
Sri.Ajith Viswanathan, and Sri.K.Ramakumar, learned Senior
Counsel, duly instructed by Sri.Ramaprasad Unni, for
additional respondents 4 to 6 in W.P.(C) No.37377 of 2024.
3. Adjudication of the above writ petitions ultimately
boils down to the question whether quarrying operations
can be conducted in a land, which was originally exempted
as a plantation under the Kerala Land Reforms Act, 1963
('the Act' for short).
4. For the sake of completion, this Court will refer to
the causes of action, which led to the filing of the five
Writ Petitions, disposed of hereby. The first Writ
Petition, W.P.(C) No.42825 of 2023, is preferred by one
W.P.(C) 42825/23 & con. cases 3
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T.V.Unnikrishnan, who filed Ext.P2 representation before
the first respondent District Collector, alleging that the
land wherein the fourth respondent (M/s.Oriental Rock
Products Pvt.Ltd.) is conducting quarrying operations, was
an exempted land pursuant to proceedings initiated under
the Act, in its status as a rubber plantation. The use of
such a land for quarrying purposes is illegal, is the gist
of Ext.P2 representation. It was also urged that the
quarry is situated on the top of of a hillock, and people
are residing in small holdings in foothills. The
petitioner in that Writ Petition wants an expeditious
disposal of Ext.P2 representation.
5. The remaining four Writ Petitions were all preferred
by M/s. Oriental Rock Products Pvt.Ltd. The second one,
W.P.(C) No.17870 of 2024 was preferred challenging Ext.P21
stop-memo issued by the Geologist. The cause of action
for issuance of Ext.P21 is a letter issued by the District
Collector, as also, a report of the Tahsildar on the self-
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same issue that the land in question was originally an
exempted land as a plantation, and that such land cannot
be put to use for any purpose, other than the one for
which exemption was granted. Ext.P21 does not reflect any
independent mind application by the Geologist, except
referring to the letter of the District Collector and the
report of the Tahsildar. It appears as if Ext.P21 is
merely consequential to such letter and report. An interim
order was passed by this court in that Writ Petition,
staying Ext.P21 stop-memo of the Geologist.
6. The Writ Petition third in line, W.P.(C) No.19296 of
2024, was filed challenging Ext.P6 order, again issued by
the Geologist, refusing to consider the request of the
petitioner (project proponent) to restart quarrying
activities based on the order of stay issued in the
earlier Writ Petition, bearing No.17870 of 2024. The
solitary reason stated in Ext.P6 is that the Tahsildar had
cancelled the certificates issued in favour of the
W.P.(C) 42825/23 & con. cases 5
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petitioner, especially the one indicating that the land in
question is not an assigned land. In that Writ Petition
also, this Court passed an interim order restraining
further action pursuant to Ext.P6. Pursuant thereto, a
further interim order was passed on 5.6.2024 directing the
first respondent Geologist to provide access to the
petitioner to COMPAS Online Portal for issuance of
movement permit, transit pass etc.
7. The fourth Writ Petition, W.P.(C) No.22114 of 2024 is
challenging Ext.P15 proceedings of the Panchayat
cancelling the licence issued by the Panchayat in favour
of the petitioner for conduct of quarry. Here again, the
solitary reason referred to is the user of the subject
land which stood exempted under Section 81 of the Act as a
plantation. Ext.P15 was under challenge in that Writ
Petition.
8. Now, coming to the last one, W.P.(C) No.37377 of 2024,
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the order under challenge is Ext.P22 issued by the
District Collector, this time, directing immediate
stoppage of all quarrying activities in the petitioner's
premises. There again, what has been referred to is the
exemption under Section 81 of the Act. Ext.P22 also
recites that a direction has been issued to the Land
Board, Cherthala to initiate proceedings against the
petitioner (project proponent) for user of the exempted
land for a purpose other than that, for which it was
exempted.
9. The tragic part as involved in all these orders is
that the issue stands settled by this Court in a catena of
decisions, which are referred to here-below :
In Subraya Hegde v. Nalini Shenoy [2012(4) KLT Suppl.2
(Ker)], a Division Bench of this Court held that the title
of the land owner will vest with the Government, only
after the Taluk Land Board passes final orders determining
the extent and identity of the land to be surrendered. It
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was specifically held that the pre-requisite for such
vesting on the Government of the land in question, is a
final order to be passed by the Taluk land Board, as
regards the extent and identity of the land to be
surrendered under Section 85(5) of the Act. In Devassia
R.V. And another v. Sub Registrar, Idukki and others
[2015(1) KHC 805], a learned Single Judge, after referring
to the provisions of the Act, concluded in paragraph No.13
that the proposed transfer, in the absence of a concluded
proceeding by the Land Board, cannot be held as one for
defeating the provisions of the Act. That was a case
where, the authorities insisted for a No Objection
Certificate as a pre-requisite for registration of a
document in respect of an exempted land. It was held in
paragraph No.9 that, by conversion of the land, the
qualification for exemption vanishes and the protection
for ceiling will also be extinguished. However, it was
held in paragraph No.13 that the only remedy of the Taluk
Land Board is to proceed against the property when
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conversion takes place. It is not the law that the
converted land has to be surrendered, unless the ceiling
proceedings conclude and the excess is determined in
accordance with law.
10. The precise issue fell for consideration before a
Division Bench of this Court in District Collector v.
Sajith Lal [2023 KLT OnLine 1225], wherein, this Court
held that there is no embargo in law for using any
exempted land for a non-exempted purpose. Such user would
only give authority to the Land Board to initiate ceiling
proceedings. In arriving at this conclusion, the Division
Bench referred to as many as four earlier judgments.
11. A learned Single Judge in M/s.Parathodu Granites Pvt.
Ltd. v. The Tahsildar (LR) [W.P.(C) No.18867 of 2022]
repelled the contentions of the respondent officials based
on the judgment of the Honourable Supreme Court in
K.H.Nazar v. Mathew K.Jacob [2019 (4) KLT 82 (SC)]. Nazar
W.P.(C) 42825/23 & con. cases 9
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(supra) was distinguished as one dealing with the meaning
of the expression "commercial site" as used in Section
81(1)(q) of the Act. The learned Single Judge instead,
placed reliance upon Kinallur Rock Sand v. State of Kerala
[2021(2) KLT 351] to hold that there is no prohibition
for using an exempted land for a different purpose, but
with the solitary consequence of that land also falling
within the ceiling limit, enabling the authorities to
initiate fresh ceiling proceedings. M/s.Parathodu
Granites was taken in appeal (W.A.No.1773 of 2022). The
appeal was dismissed with an opening observation that the
litigation is yet another one, where the State is yet to
wake up from the perennial problem of conversion of
exempted land under the Act.
12. In yet another occasion, where the renewal of an
Explosives Licence was refused for the self-same reason
that the land in question is an exempted land, a Division
Bench of this Court in Additional District Magistrate,
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Kozhikode v. Augustin Joseph [2025(3) KLT 464] held that
such refusal, only on the basis of an enquiry initiated
for breach of the provisions of the Act, without the same
having been culminated in any action, is ultra vires.
13. It could thus be seen that the petitioner cannot be
directed to stop all quarrying activities only for the
reason that the land in question was once an exempted land
in terms of Section 81 of the Act. The respective orders
under challenge - be it issued by the Geologist, by the
District Collector or by the Panchayat only on the
solitary factual premise referred above - cannot be
sustained in law and all the impugned orders will stand
set aside.
14. In so far as Ext.P22 order issued by the District
Collector in W.P.(C) No.37377 of 2024, it has been
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strongly urged by the learned Senior Counsel for the
petitioner, that the District Collector has no power under
the Act to direct the Land Board to initiate action
against the petitioner (project proponent), as also, to
direct the petitioner to stop quarrying activities. Nor is
the District Collector entitled to direct the Geologist
for initiating further steps in furtherance of Ext.P22
order. The learned Senior Counsel would place heavy
reliance upon the observations made by the learned Single
Judge in Jalal v. Village Officer [(2021(1) KLT 397] that
the officers while issuing stop-memo should also refer to
their competence under the relevant statute to issue such
a direction, which is blatantly violated in Ext.P22.
Reliance was also placed on Jacob George v. Tomy Abraham
[2016(4) KLT 422], wherein, another learned Single Judge
of this Court held that a penalty under a particular
statute takes in only the contravention of that statute
and that proceedings can be initiated only by the
authorities under that statute. In other words, for the
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alleged violation of a statutory provision falling under a
different statute, an authority under the statute other
than the concerned one, cannot initiate any action.
Ext.P22 is legally unsustainable for the afore reasons as
well, with which I respectfully concur.
15. Coming to the grievance espoused by additional
respondents 4 to 6, learned Senior Counsel was strenuous
in his submission that the conduct of the quarry by the
petitioner is causing environmental hazards, besides
causing untold hardship and misery to the persons like
respondents 4 to 6, who are residing in the locality.
Although this Court allowed the impleading sought for, it
requires to be noticed that the scope of the Writ
Petitions above-referred was only with respect to the
stop-memos and prohibitory orders issued by the various
authorities, in the context of Section 81 of the Act.
None of the orders impugned refers to any deleterious
environmental impact caused by the activities of the
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petitioner's quarry. Nor is there any reference to the
difficulties, if any caused to the local inhabitants. All
the orders proceeded only on the premise of the alleged
illegality in the user of an exempted land for other
purposes. That apart, this Court notice that the
petitioner (project proponent) is equipped and enabled
with all necessary permits and licences for the conduct of
the quarry, including the Environmental Clearance from the
statutory body. In such circumstances, the grievance of
the additional respondents 4 to 6 cannot be agitated
within the scope of the instant Writ Petitions.
Accordingly, it is found that the reliefs sought for
cannot be refused on the objections posed by additional
respondents 4 to 6. Their contentions are repelled,
however, without prejudice to the rights of respondents 4
to 6 to independently agitate the same in appropriate
proceedings, if they are advised to do so.
16. In the circumstances, all the Writ Petitions, except
W.P.(C) 42825/23 & con. cases 14
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the one referred as first above, are allowed. In Writ
Petitions referred to as 2 to 5 above, the respective
reliefs sought for will stand granted and the orders
impugned will stand set aside. It is declared that the
quarrying activities of the petitioner in those four Writ
Petitions cannot be injuncted or prohibited for the reason
that the land in question was once an exempted land under
Section 81 of the Act. The concerned authorities will
stand directed to initiate appropriate action enabling the
petitioner to carry on the quarrying activities, including
any action to be done for enabling the COMPAS Portal.
17. In so far as W.P.(C) No.42825 of 2023 is concerned,
this Court notice that Ext.P2 therein is specific to the
alleged illegal user of an exempted land under the Act. It
has already been held that such user will not become
illegal and the user would only invite the consequence of
losing the qualification for exemption, thus enabling the
appropriate authority to initiate fresh ceiling
W.P.(C) 42825/23 & con. cases 15
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proceedings. In such circumstances, a consideration of
Ext.P2 by the District Collector, or for that matter, by
the District Geologist can only be a farce. Therefore,
the said Writ Petition will stand dismissed.
Sd/-
C.JAYACHANDRAN,
JUDGE.
TGS
APPENDIX OF WP(C) 37377/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT BEARING
NO.4837/2014, DATED 29-10-2014, SRO,
THRITHALA
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
8-5-2024 ACKNOWLEDGING THE REMISSION OF
LAND TAX IN RESPECT OF THE SAID LAND
Exhibit P3 TRUE COPY OF THE CONSENT DATED 25-10-
2017, ISSUED BY SRI.GEORGE MATHEW, WITH
RESPECT TO AN EXTENT OF 0.5888 HECTARES
OF LAND COMPRISED UNDER SY.NO.96/1 OF
THIRUMITTAKODE II VILLAGE
Exhibit P4 TRUE COPY OF THE CONSENT DATED 25-10-
2017, ISSUED BY SRI.ALEX MATHEW WITH
RESPECT TO AN EXTENT OF 0.4911 HECTARES
OF LAND COMPRISED UNDER SY.NO.96/1 OF
THIRUMITTAKODE II VILLAGE
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF
REGISTERED QUARRY LEASE EXECUTED BETWEEN
THE PETITIONER AND THE COMPETENT
AUTHORITY DATED 20-7-2022 IN TERMS OF
ARTICLE 299 OF THE CONSTITUTION OF INDIA
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE
ENVIRONMENTAL CLEARANCE DATED 31/08/2018
ISSUED BY DEIAA
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN W.P.(C) NO.
11873/2024 DATED 22/03/2024
Exhibit P8 TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE RENEWAL BEARING NO.
KSPCB/PL/ICO/10041383/2023 DATED
02/01/2024 FOR A PERIOD UPTO 23/06/2027
Exhibit P9 TRUE COPY OF THE EXPLOSIVE LICENSE
BEARING NO. E/SC/KL/22/ 1230(E58114)
DATED 24/05/2022, WHICH IS VALID UPTO
31/03/2027
Exhibit P10 TRUE COPY OF THE LICENSE RENEWED BY THE
SECRETARY TO THIRUMITTAKKODE GRAMA
PANCHAYAT DATED 01/04/2024 FOR A PERIOD
UPTO 31/03/2025
Exhibit P11 TRUE COPY OF THE LICENSE RENEWED BY THE
SECRETARY TO NAGALASSERY GRAMA PANCHAYAT
DATED 13/03/2024 FOR A PERIOD UPTO
27/10/2024
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
Exhibit P12 TRUE COPY OF THE MOVEMENT PERMIT
ISSUED BY THE COMPETENT AUTHORITY
DATED 1/10/2024 FOR A PERIOD UPTO
26/10/2024
Exhibit P13 TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE DISTRICT GEOLOGIST DATED
07/05/2024
Exhibit P14 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT DATED
20/05/2024 IN W.P.(C) NO. 17870/2024
Exhibit P15 TRUE COPY OF THE PROCEEDINGS DATED
24.05.2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit P16 TRUE COPY OF THE INTERIM ORDER PASSED
BY THE HON'BLE HIGH COURT OF KERALA
DATED 29/05/2024 IN W.P.(C) NO.
Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED
05/06/2024 IN W.P.(C) NO. 19296/2024
Exhibit P18 TRUE COPY OF THE ORDER DATED
10/06/2024 BEARING NO.SC4-1527/2024
ISSUED BY THE SECRETARY, NAGALASSERRY
GRAMA PANCHAYAT
Exhibit P19 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN W.P.(C)
NO.22114/2024 DATED 20-6-2024
Exhibit P20 TRUE COPY OF THE NOTICE ISSUED BY THE
DISTRICT COLLECTOR DATED 29-7-2024
Exhibit P21 TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER SANS THE DOCUMENTS
SUBMITTED THEREWITH
Exhibit P22 TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT BEARING
NO.DCPKD/11544/2022-LRG-5, DATED 19-
10-2024
Exhibit P23 TRUE COPY OF THE EMAIL ISSUED BY THE
1ST RESPONDENT ON 21-10-2024
Exhibit P24 TRUE COPY OF THE JUDGMENT PASSED BY
THE HON'BLE DIVISION BENCH OF THIS
HON'BLE COURT IN DISTRICT COLLECTOR
V/S. SAJITHLAL DATED 03/03/2023
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
Exhibit P25 TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND
SHIVALAYA CONSTRUCTION CO. PVT. LTD
DATED 14/02/2023
RESPONDENT EXHIBITS
Exhibit R2(a) A true copy of the letter dated 08-
07-2024 addressed to Chairman, Taluk
Land Board Cherthala.
Exhibit R2(b) A true copy of the order of the
District Collector dated 19-10-2024.
PETITIONER EXHIBITS
Exhibit P26 True copy of the satellite image
showing the distance between the
quarry and the residence of the 1st
impleading petitioner
Exhibit P27 True copy of the satellite image
showing the distance between the
quarry and the residence of the 2nd
impleading petitioner
Exhibit P28 True copy of the satellite image
showing the distance between the
quarry and the residence of the 3'd
impleading petitioner
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
APPENDIX OF WP(C) 42825/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MINING LEASE
OBTAINED BY THE 4TH RESPONDENT
NUMBERED AS DUP-I-2842/2022 DATED 20-
07-2022
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT DATED 18.11.2023.
RESPONDENT EXHIBITS
Exhibit R4(a) True copy of the relevant pages of
the agreement entered in to between
this respondent and the Contractor
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
APPENDIX OF WP(C) 17870/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT BEARING
NO.4837/2014, DATED 29-10-2014, SRO,
THRITHALA
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT
TANDAPER NO.7740 DATED 8- 5-2024
ACKNOWLEDGING THE REMISSION OF LAND
TAX IN RESPECT OF THE SAID LAND
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT
TANDAPER NO. 5206 DATED 8-5-2024
ACKNOWLEDGING THE REMISSION OF LAND
TAX IN RESPECT OF THE SAID LAND
ISSUED BY THE THIRUMITTAKODE II
VILLAGE
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT
TANDAPER NO.5204 DATED 8-5-2024
ACKNOWLEDGING THE REMISSION OF LAND
TAX IN RESPECT OF THE SAID LAND
ISSUED BY THE THIRUMITTAKODE II
VILLAGE
Exhibit P5 TRUE COPY OF THE CONSENT DATED 25-10-
2017, ISSUED BY SRI.GEORGEMATHEW,
WITH RESPECT TO AN EXTENT OF 0.5888
HECTARES OF LAND COMPRISED UNDER
SY.NO.96/1 OF THIRUMITTAKODE II
VILLAGE
Exhibit P6 TRUE COPY OF THE CONSENT DATED 25-10-
2017, ISSUED BY SRI.ALEX MATHEW WITH
RESPECT TO AN EXTENT OF 0.4911
HECTARES OF LAND COMPRISED UNDER
SY.NO.96/1 OF THIRUMITTAKODE II
VILLAGE,
Exhibit P7 TRUE COPY OF THE DEMARCATION
CERTIFICATE DATED 19-10-2017 ISSUED
BY THE VILLAGE OFFICER, NAGALASSERRY
VILLAGE TO THE PETITIONER
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
Exhibit P8 TRUE COPY OF THE NON ASSIGNMENT
CERTIFICATE DATED 1- 8-2017 ISSUED BY
THE NAGALASSERY VILLAGE
Exhibit P9 TRUE COPY OF THE NON-ASSIGNMENT
CERTIFICATE ISSUED BY THE
THIRUMITTAKODE VILLAGE TO THE
CONSENTORS DATED 30/10/2017
Exhibit P10 TRUE COPY OF THE DEMARCATION
CERTIFICATE ISSUED BY THE
THIRUMITTAKODE VILLAGE TO THE
CONSENTORS DATED 24/10/2017
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF
REGISTERED QUARRY LEASE EXECUTED
BETWEEN THE PETITIONER AND THE
COMPETENT AUTHORITY DATED 20-7-2022
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF
THE ENVIRONMENTAL CLEARANCE DATED
31/08/2018 ISSUED BY DEIAA
Exhibit P13 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN W.P.(C) NO.
11873/2024 DATED 22/03/2024
Exhibit P14 TRUE COPY OF THE INTEGRATED CONSENT
TO OPERATE RENEWAL BEARING NO.
KSPCB/PL/ICO/10041383/2023 DATED
02/01/2024 FOR A PERIOD UPTO
23/06/2027
Exhibit P15 TRUE COPY OF THE EXPLOSIVE LICENSE
BEARING NO. E/SC/KL/22/1230(E58114)
DATED 24/05/2022, WHICH IS VALID UPTO
31/03/2027
Exhibit P16 TRUE COPY OF THE LICENSE RENEWED BY
THE SECRETARY TO THIRUMITTAKKODE
GRAMA PANCHAYAT DATED 01/04/2024 FOR
A PERIOD UPTO 31/03/2025
Exhibit P17 TRUE COPY OF THE LICENSE RENEWED BY
THE SECRETARY TO NAGALASSERY GRAMA
PANCHAYAT DATED 13/03/2024 FOR A
PERIOD UPTO27/10/2024
Exhibit P18 TRUE COPY OF THE ORDER PASSED BY THE
PRINCIPAL SECRETARY LSGD TRIVANDRUM,
DATED 01/04/2024
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
Exhibit P19 TRUE COPY OF THE MOVEMENT PERMIT
ISSUED BY THE COMPETENT AUTHORITY
DATED 29/04/2024 FOR A PERIOD UPTO
13/05/2024
Exhibit P20 TRUE COPY OF THE MAIL RECEIVED FROM
THE OFFICIAL PORTAL OF THE RESPONDENT
DATED 07/05/2024
Exhibit P21 TRUE COPY OF THE PROCEEDINGS OF THE
RESPONDENT DATED 07/05/2024 IN THE
FORM OF NOTICE
Exhibit P21(a) TRUE COPY OF THE JUDGMENT PASSED BY
THE HON'BLE DIVISION BENCH OF THIS
HON'BLE COURT IN DISTRICT COLLECTOR
V/S. SAJITH LAL DATED 03/03/2023
Exhibit P22 TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND
SHIVALAYA CONSTRUCTION CO. PVT LTD
DATED 14/02/2023
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
APPENDIX OF WP(C) 19296/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF
THE QUARRY LEASE DATED 20-7-2022
EXECUTED BETWEEN THE PETITIONER AND
THE COMPETENT AUTHORITY
Exhibit P2 TRUE COPY OF THE STOP MEMO ISSUED BY
THE DISTRICT GEOLOGIST BY WAY OF
EMAIL DATED 7-5-2024
Exhibit P3 TRUE COPY OF THE NOTICE DATED 7-5-
2024 ISSUED BY THE DISTRICT GEOLOGIST
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED
20-5-2024 IN W.P.(C) NO.17870/2024
Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER DATED 20-5-2024
Exhibit P6 TRUE COPY OF THE PROCEEDING ISSUED BY
THE RESPONDENT DATED 24-5-2024
Exhibit P7 TRUE COPY OF THE CERTIFICATE BEARING
NO.594/17/1, DATED 30-10-2017 ISSUED
BY THE VILLAGE OFFICER,
THIRUMITTAKKODE - II VILLAGE,
Exhibit P8 TRUE COPY OF THE CERTIFICATE BEARING
NO.101/21, DATED 4-2-2021, ISSUED BY
THE VILLAGE OFFICER, THIRUMITTAKKODE
- II VILLAGE
Exhibit P9 TRUE COPY OF THE CERTIFICATE BEARING
NO.969/2017, DATED 1-8-2017, ISSUED
BY THE VILLAGE OFFICER, NAGALASSERRY
VILLAGE
Exhibit P10 TRUE COPY OF THE CERTIFICATE BEARING
NO.103/1/2, DATED 8-2-2021, ISSUED BY
THE VILLAGE OFFICER, NAGALASSERRY
VILLAGE
Exhibit P11 TRUE COPY OF THE DEED BEARING
NO.4837/2014, DATED 29- 10-2014, SRO,
THRITHALA, EXECUTED IN FAVOUR OF THE
PETITIONER
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
Exhibit 12 TRUE COPY OF THE LAND TAX RECEIPT
THANDAPER NO. 7740 DATED 8-5-2024
ACKNOWLEDGING THE REMISSION OF LAND
TAX IN RESPECT OF THE SAID LAND
Exhibit P13 TRUE COPY OF THE LAND TAX RECEIPT
THANDAPER NO.5206 DATED 8- 5-2024
ACKNOWLEDGING THE REMISSION OF LAND
TAX IN RESPECT OF THE SAID LAND
ISSUED BY THE THIRUMITTAKODE II
VILLAGE
Exhibit P14 TRUE COPY OF THE LAND TAX RECEIPT
THANDAPER NO.5204 DATED 8-5-2024
ACKNOWLEDGING THE REMISSION OF LAND
TAX IN RESPECT OF THE SAID LAND
ISSUED BY THE THIRUMITTAKODE II
VILLAGE
Exhibit P15 TRUE COPY OF THE REPORT SUBMITTED BY
THE 2 ND RESPONDENT TO THE DISTRICT
COLLECTOR DATED 25-1-2024
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
APPENDIX OF WP(C) 22114/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENT BEARING
NO.4837/2014, DATED 29-10-2014, SRO,
THRITHALA
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT
DATED 8-5-2024 ACKNOWLEDGING THE
REMISSION OF LAND TAX IN RESPECT OF
THE SAID LAND
Exhibit P3 TRUE COPY OF THE CONSENT DATED 25-10-
2017, ISSUED BY SRI.GEORGE MATHEW,
Exhibit P4 TRUE COPY OF THE CONSENT DATED 25-10-
2017, ISSUED BY SRI.ALEX MATHEW
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF
REGISTERED QUARRY LEASE EXECUTED
BETWEEN THE PETITIONER AND THE
COMPETENT AUTHORITY DATED 20-7-2022
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF
THE ENVIRONMENTAL CLEARANCE DATED
31/08/2018 ISSUED BY DEIAA
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT IN W.P.(C) NO.
11873/2024 DATED 22/03/2024
Exhibit P8 TRUE COPY OF THE INTEGRATED CONSENT
TO OPERATE RENEWAL BEARING NO.
KSPCB/PL/ICO/10041383/2023 DATED
02/01/2024 FOR A PERIOD UPTO
23/06/2027
Exhibit P9 TRUE COPY OF THE EXPLOSIVE LICENSE
BEARING NO. E/SC/KL/22/1230(E58114)
DATED 24/05/2022, WHICH IS VALID UPTO
31/03/2027
Exhibit P10 TRUE COPY OF THE LICENSE RENEWED BY
THE SECRETARY TO THIRUMITTAKKODE
GRAMA PANCHAYAT DATED 01/04/2024 FOR
A PERIOD UPTO 31/03/2025
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
Exhibit P11 TRUE COPY OF THE LICENSE RENEWED BY
THE SECRETARY TO NAGALASSERY
GRAMAPANCHAYAT DATED 13/03/2024 FOR A
PERIOD UPTO 27/10/2024
Exhibit P12 TRUE COPY OF THE MOVEMENT PERMIT
ISSUED BY THE COMPETENT AUTHORITY
DATED 06/06/2024 FOR A PERIOD
UPTO05/07/2024
Exhibit P13 TRUE COPY OF THE NOTICE DATED
23/03/2024 ISSUED BY THE 1 ST
RESPONDENT
Exhibit P14 TRUE COPY OF THE REPLY SANS THE
DOCUMENTS FILED ALONG WITH IT DATED
26/03/2024
Exhibit P15 TRUE COPY OF THE ORDER DATED
10/06/2024 BEARING NO.SC4-1527/2024
ISSUED BY THE 1 ST RESPONDENT
Exhibit P16 TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE DISTRICT GEOLOGIST DATED
07/05/2024
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED
BY THIS HON'BLE COURT DATED
20/05/2024 IN W.P.(C) NO. 17870/2024
Exhibit P18 TRUE COPY OF THE PROCEEDINGS DATED
24/05/2024 ISSUED BY THE 4 TH
RESPONDENTIS
Exhibit P19 TRUE COPY OF THE INTERIM ORDER PASSED
BY THE HON'BLE HIGH COURT OF KERALA
DATED 29/05/2024 IN W.P.(C) NO.
Exhibit P20 TRUE COPY OF THE INTERIM ORDER DATED
05/06/2024 IN W.P.(C) NO. 19296/2024
Exhibit P21 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN W.P.(C) NO.
5545/2021 DATED 10/05/2022
Exhibit P22 TRUE COPY OF THE COVERING LETTER
DATED 15/10/2018 FILED ALONG WITH THE
APPLICATIONS SUBMITTED BY THE
PETITIONER FOR LICENSE FOR THE FIRST
TIME, IN THE YEAR 2018
W.P.(C)No.42825/23 & con.cases
2025:KER:78015
Exhibit P23 TRUE COPY OF THE AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND
SHIVALAYA CONSTRUCTION CO. PVT LTD
DATED 14/02/2023
Exhibit P24 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN DISTRICT
COLLECTOR V. SAJITHLAL (2023 KLT
ONLINE 1225)
