Petitioner challenged seizure of surface sand claiming ownership and mining license. Court held remedy lies in criminal court for release of sand but extended interim status quo for one week to facilitate criminal petition.
Writ petition dismissed without prejudice to right to approach criminal court; interim status quo continued for one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2012/12TH MAGHA 1933
WPC.No. 505 of 2012 (K)
PETITIONER(S):
C.M.BENNY S/O. MANI, CHOORAPUZHA HOUSE, KONGANDOOR AYARKUNNAM, KOTTAYAM.
BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------
1. DISTRICT COLLECTOR KOTTAYAM - 686 001.
2. REVENUE DIVISIONAL OFFICER KOTTAYAM. 686 001
3. THE TAHSILDAR KOTTAYAM - 686 001
4. VILLAGE OFFICER AYARKUNNAM - 686 564
5. GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM 686 001.
6. THE SUB INSPECTOR OF POLICE AYARKUNNAM POLICE STATION, KOTTAYAM DISTRICT - 686 564
BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JM
WPC NO. 505 OF 2012
APPENDIX
PETITIONER'S EXHIBITS
| EXT.P1 : | TRUE COPY OF THE SALE DEED NO.259/2008 OF THE SRO, KIDANGOOR. |
|---|---|
| EXT.P2 : | TRUE COPY OF THE BASIC LAND TAX RECEIPT. |
| EXT.P3 : | TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT GIVING LICENCE TO MINE DTD.6/3008. |
| EXT.P3(a): |
TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT GIVING LICENCE TO MINE DTD.11/2008. |
| EXT.P3(b): |
TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT GIVING LICENCE TO MINE DTD.30.8.2008. |
| EXT.P3(c): |
TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT GIVING LICENCE TO MINE DTD.22.9.2008. |
| EXT.P3(d): |
TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT GIVING LICENCE TO MINE DTD.4.1.2009. |
| EXT.P3(e): |
TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT GIVING LICENCE TO MINE DTD.1.6.2009. |
| EXT.P3(f): |
TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT GIVING LICENCE TO MINE DTD.4.5.2009. |
| EXT.P4 : | TRUE COPY OF THE FIR AND MAHAZAR DTD.2.1.2012 IN CRIME NO.4/2012 OF AYARKUNNAM POLICE STATION. |
RESPONDENTS' EXHIBITS :
ANNEX.R6(A):COPY OF THE FIR IN CRIME NO. 4/2012 OF AYARKUNNAM POLICE STATION DT. 2.1.2012
ANNEX.R6(B):COPY OF THE SEIZURE MAHAZAR DT. 2.1.2012
ANNEX.R6(C):COPY OF THE ORDER OF DISTRICT COLLECTORDT. 19.11.2011 ANNEX.R6(D):COPY OF ORDER ISSUED BY THE DISTRICT COLLECTOR DT. 5.1.2012
ANNEX.R6(E):COPY OF THE RECEIPT ISSUED FROM THE PROJECT ENGINEER RECEIVING 72.32 M3 OF SAND DT. 5.1.2012
\ TRUE COPY \
PA TO JUDGE
jm
S. Siri Jagan, J.
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W.P(C) No. 505 of 2012
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Dated this, the 1st day of February, 2012.
J U D G M E N T
The petitioner claims to be the owner in possession of 71 cents of land in re-survey no. 3/4, 3/5 in Block no. 33 of Ayarkunnam village. The petitioner obtained licenses to mine sand from the property. The surface sand which consists of various impurities like charcoal, wood etc., was first removed and kept in a heap in the petitioner's property to facilitate mining of the sand underneath. Now, the respondents have seized the same and have initiated steps to remove the same from the petitioner's property. That is under challenge in this writ petition. The petitioner seeks the following reliefs:
Pleader, wherein it is stated that the District Collector has passed orders prohibiting mining of sand in the area in question
W.P(C) No. 505 of 2012 -: 2 :-
and since the present mining is in violation of the orders of the District Collector, criminal proceedings have been initiated and an FIR has been lodged with the appropriate court in respect of the action of the petitioner.
Having heard both sides, I am of opinion that the petitioner's remedy lies in approaching the criminal court where the FIR has been lodged, for release of the sand, if the petitioner has a claim for the same. Accordingly, this writ petition is disposed of without prejudice to the right of the petitioner to approach the criminal court for appropriate reliefs. To enable the petitioner to file a petition before the criminal court, I direct that the interim order of status quo passed in this writ petition shall continue for one more week from today.
Sd/- S. Siri Jagan, Judge.
Tds/
2 issues framed by the court
Whether the petitioner is entitled to exemption from removal of seized sand pending criminal proceedings.
Whether the writ court can direct status quo pending disposal of criminal FIR regarding mining violation.
1 provisions across 1 enactments
C.M. Benny
District Collector Kottayam
Revenue Divisional Officer Kottayam
The Tahsildar Kottayam
Village Officer Ayarkunnam
Geologist Department of Mining and Geology
S. Siri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
