Disposed

Sujatha.P v. State of Kerala

Kerala HC30 Nov 2018WP(C)/17520/2018

Case brief

AI extract

What is this about?

Petitioner challenged a stop memo issued by the District Collector alleging illegal mineral extraction on wetland. The Court allowed time to legalize the action under Act 28 of 2008 but affirmed the Collector's power to proceed with penalty if legalization fails.

What did the court decide?

Petitioner given one month to legalize extraction via competent authority; Collector directed to wait; Collector free to proceed if legalization fails.

Sujatha.P Vs State of Kerala — Mining and Natural Resources | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

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WP(C).No. 17520 of 2018

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PETITIONER:

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SUJATHA.P W/O. LATE M.N. KRISHNAMOHAN, AGED 63 YEARS, KAMALA MANDIR, MUTTIL NORTH P.O., WAYANAD - 673122. REPRESENTED BY POWER OF ATTORNEY HOLDER, P.J. BABY, S/O. LATE JOSEPH, AGED 54 YEARS, PALAKKUZHUPPIL HOUSE, PANAMARAM P.O., MANANTHAWADY TALUK, WAYANAD DISTRICT.

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BY ADVS. SRI.K.MOHANAKANNAN SRI.NAVANEETH D.PAI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695001

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2 THE DISTRICT COLLECTOR, COLLECTORATE, KALPETTA, WAYANAD DISTRICT-673001.

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3 THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, MEENANGADI, WAYANAD DISTRICT-673001.

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BY ADV. SRI.S.KANNAN GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17520 of 2018

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JUDGMENT

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Petitioner, impugning Exhibit P5 stop memo dated 23.05.2018, issued by the District Collector, Wayanad, had approached this Court.

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It is stated in the stop memo that the petitioner in violation of the provisions of Act 28 of 2008 had extracted minerals from a wet land. This Court by a judgment in W.P.(C) No.11270/2018 dated 09.04.2018 directed the Geologist to issue transit pass after conducting inspection. The Geologist considered the issuance of transit pass after conducting inspection and passed Ext.P4 order dated 25.05.2018. It is to be noted that if the land is included as wet land or as a paddy land in the Draft Data Bank prepared under the Paddy land and Wet land Act, 2008, utilisation of land for other purpose can be done only after obtaining necessary permission from competent authority under Act 28 of 2008. It appears that the petitioner, in the guise of pass, wants to validate her illegal action by converting a wet land or paddy land included in Draft Data Bank.

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WP(C).No. 17520 of 2018

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The District Collector, now issued a stop memo. Uless action of the petitioner is legalised as per the provisions of Act 28 of 2008, petitioner cannot remove the minerals. Petitioner is free to raise objection to Ext.P5. The District Collector shall not take action for a period of one months. This is for the purpose of enabling the petitioner to move authorities under Act 28 of 2008 to legalise her action.

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With the observation as above, this writ petition is disposed of. However, it is made clear that if the petitioner is not able to legalise her action by obtaining permission from the competent authority under Act 28 of 2008, the District Collector is free to proceed further in accordance with law.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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SKK/ad/121218

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WP(C).No. 17520 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE JUDGMENT DATED 06.04.2018 IN W.P. (C) NO.6838 OF 2018 PASSED BY THIS HON'BLE COURT.
EXHIBIT P2	TRUE COPY OF THE REPRESENTATION DATED 12.03.2018 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 09.04.2018 IN W.P. (C) NO.11270 OF 2018 PASSED BY THIS HON'BLE COURT.
EXHIBIT P4	TRUE COPY OF THE ACKNOWLEDGMENT/COMMUNICATION DATED 25.05.2018 ISSUED BY THE GEOLOGIST
EXHIBIT P5	TRUE COPY OF THE STOP MEMO NO.DCWYD/4474/2018-L2 DATED 23.05.2018 ISSUED BY THE DISTRICT COLLECTOR
EXHIBIT P6	TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUTTIL VILLAGE, WAYANAD DISTRICT DATED 12.03.2018
EXHIBIT P7	TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, MUTTIL VILLAGE, WAYANAD DISTRICT COUNTER SIGNED BY THE TAHSILDAR DATED 02.05.2018

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RESPOND	ENTS' E	XHIBITS:
EXHIBIT	R2(A)	A TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK OF PADDY LAND AND WET LAND ISSUED BY NOTIFICATION DATED 02.03.2012
EXHIBIT	R2(B)	A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TOGETHER WITH POSSESSION CERTIFICATE AND LOCATION SKETCH
EXHIBIT	R2(C)	A TRUE COPY OF THE COMMUNICATION DATED 21.04.2018 ISSUED BY THE GEOLOGIST
EXHIBIT	R2(D)	A TRUE COPY OF THE NEWS REPORT APPEARED IN LOCAL DAILY DATED 22.05.2018 PERTAINING TO THE ACTS OF THE PETITIONER
EXHIBIT	R2(E)	A TRUE COPY OF THE COMMUNICATION DATED 16.05.2018 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, SPECIAL BRANCH, CID, WAYANAD-KALPETTA TO THE 2ND RESPONDENT

Sujatha.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sujatha.P v. State of Kerala

Case brief

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