The Kerala High Court disposed of a writ petition challenging illegal mining and unauthorized transport of weathered rock sand by the respondent officers. The petitioner sought a declaration that no license is required. After recording the respondent's statement, no further orders were deemed necessary.
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 P.R.RAMACHANDRA MENON
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2013/29TH KARTHIKA, 1935
WP(C).No. 23518 of 2013 (L)
PETITIONER:
SHIJUMON P.S., AGED 31 YEARS, S/O.SAIDUMUHAMMED, PALAMITTATH/KANDAKATH, PALAPRASSERY, CHENGAMANAD, ERNAKULAM DISTRICT.
BY ADV. SRI.G.SANTHOSH KUMAR.
RESPONDENTS:
1. THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM-683 030.
2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001.
3. COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM-682 016.
4. SUPERINTENDENT OF POLICE, ALUVA RURAL, ERNAKULAM DISTRICT-683 563.
5. THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION, ERNAKULAM-683 524.
6. DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESHAVADASAPURAM, PATTOM.P.O, THIRUVANANTHAPURAM, PIN-695 004.
7. THE SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.
BY GOVERNMENT PLEADER SMT. K.T. LILLY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C).NO.23518/2013-L:
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.R.RAMACHANDRA MENON, J.
W.P.(c) No.23518 OF 2013
Dated this the 20th day of November, 2013
JUDGMENT
The petitioner has approached this Court with the following prayers :
“i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 7 and their subordinate officers not to interfere in the peaceful business of the petitioner by loading and transporting weathered rock sand in lorries bearing registration numbers KL-41-D.919, KL-41G.6919, KL-42-B.1940, KL-41-C.7634, KL-7-AT.6368, KL-4-U.7561, KL-41-F.9119, KL-41-G-4666, KL-41G.4999, KL-41-G.8119, KL-41-G.3993, KL-41-G.2999, KL-7-Y.3221 without license and P forms from the respondents 6 and 7.
(ii) Declare that no license, permit or P forms from the geology department is required for loading weathered rock sand in the lorries as the weathered rock sand will not come under the Minor Mineral Concession Rules, 1967.
(iii) Issue such other order as this Hon'ble Court deems fit and necessary in the facts and circumstances of the case.”
W.P.(C)No.23518/2013 2
“ (a) Crime 523/06 – The petitioner transport illegally mined river sand in KL-07/AU 2019 Mini Tipper on 04.09.2006. (b) Crime 524/06 – The petitioner illegally mined and stored river sand from Periyar river at Palprassery on 04.09.2006.
(c ) Crime 313/07 – The petitioner illegally mined and stored river sand from Periyar river at Palprassery on 07.05.2007.
(d) Crime 232/07 Under Section 143, 147, 148, 452, 324, 3234, 307 r/w 149 IPC – The petitioner and 4 others with the intention to murder one Majeed who is the Police informant against the illegal sand mining, assaulted by using deadly weapons on 07.04.2007. The case is pending before the Honourable Sessions ( Adhoc II), Ernakulam in SC 477/07.
W.P.(C)No.23518/2013
(e) Crime 370/13- The petitioner illegally mined and stored river sand from Periyar river at weathered rock sand shutter owned by him at Palprassery on 09.04.2013.”
The fifth respondent has also added that all the actions taken against the petitioner are only within the four walls of law and that no troubles are being caused from the part of the said respondent in transporting weathered rock/sand in so far as the same is in accordance with law.
Recording the above submission, the writ petition is disposed of.
P.R.RAMACHANDRA MENON
JUDGE
sv.
W.P.(C)No.23518/2013 4
Shijumon P.S.
The District Collector, Civil Station, Ernakulam
Director General of Police
Commissioner of Police, Kochi City
Superintendent of Police, Aluva Rural
Sub Inspector of Police, Chengamanad
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
