Dismissed

V.Govindankutty v. the District Geologist

Kerala HC18 Dec 2020WP(C)/36329/2015

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed writ filed by V.Govindankutty and Divya Metal Industries for misusing an interim order to conduct illegal mining operations. The court held the petitioner colluded with officials, depriving the court of suo motu intervention. Petition dismissed with costs paid to Legal Services Authority.

What did the court decide?

Writ petitions dismissed with cost of Rs. one lakh payable to KERALA LEGAL SERVICES AUTHORITY and necessary action against petitioner.

V.Govindankutty Vs the District Geologist — Constitutional and Fundamental Rights | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

¶5

WP(C).No.30036 OF 2019(D)

¶6

PETITIONER/S:

¶7

V.GOVINDANKUTTY, AGED 70 YEARS, MANANGING PARTNER, DIVYA METAL INDUSTRIES, CHELAKODE P.O., PAZHAYANNUR, THRICHUR DISTRICT-680 587, RESIDING AT VELLAMKANDATH HOSUE, ENGAKKAD P.O., WADAKKANCHERY, THRISSUR.

¶8

BY ADVS.

¶9

SRI.P.B.KRISHNAN SRI.BINOY VASUDEVAN

¶10

RESPONDENT/S:

¶11

1 DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.

¶12

2 DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR-680 003.

¶13

3 DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CHEMPUKAVU, THRISSUR-680 020.

¶14

4 M.C.KISHORE, AGED 43 YEARS, S/O.CHELLAPPAN, NOW THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFIFCE, CHEMPUKAVU, THRISSUR-680 020.

¶15

R1-3 BY SRI.RANJITH THAMPAN, ADDL. ADVOCATE GENERAL

¶16

BY SENIOR GOVERNMENT PLEADER, SRI.Y.JAFFARKHAN

¶17

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WP(C).36329/2015(M), WP(C).23166/2020(U), THE COURT ON 18.12.2020 DELIVERED THE FOLLOWING:

¶18

WP(C).No.36329/2015 and conn.cases 2

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

¶21

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶22

FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

¶23

WP(C).No.36329 OF 2015

¶24

PETITIONER/S:

¶25

V.GOVINDANKUTTY, AGED 63 YEARS, MANAGING PARTNER, DIVYA METAL INDUSTRIES, CHELAKODE PO, CHELAKARA, THRICHUR DISTRICT, RESIDING AT VELLAMKANDATH HOUSE, ENGAKKAD PO, WADAKLKANCHERY, THRISSUR.

¶26

BY ADVS. SRI.P.B.KRISHNAN SRI.BINOY VASUDEVAN

¶27

RESPONDENT/S:

¶28

1 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRICHUR-680 003.

¶29

2 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, TRICHUR-680 001.

¶30

3 THE SECRETARY, CHELAKARA GRAMA PANCHAYATH, CHELAKARA, THRICHUR-680 586.

¶31

BY SENIOR GOVERNMENT PLEADER, SRI.Y.JAFFARKHAN

¶32

R2 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD. BY SRI.M.AJAY, STANDING COUNSEL

¶33

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

¶34

WP(C).No.36329/2015 and conn.cases 3

¶35

15.12.2020, ALONG WITH WP(C).30036/2019(D), WP(C).23166/2020(U), THE COURT ON 18.12.2020 DELIVERED THE FOLLOWING:

¶36

WP(C).No.36329/2015 and conn.cases 4

¶37

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶38

PRESENT

¶39

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶40

FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

¶41

WP(C).No.23166 OF 2020(U)

¶42

PETITIONER/S:

¶43

DIVYA METAL INDUSTRIES, A PARTNERSHIP FIRM, CHELAKODE P.O., PAZHAYANNUR, THRISSUR DISTRICT680 587 REPRESENTED BY ITS MANAGING PARTNER, V.GOVINDANKUTTY.

¶44

BY ADVS. SRI.BINOY VASUDEVAN SRI.SREEJITH SREENATH

¶45

RESPONDENT/S:

¶46

1 THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM-695 004.

¶47

2 THE DISTRICT GEOLOGIST, DISTRICT OFFICE, MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR-680 020.

¶48

BY SRI.RANJITH THAMPAN, ADDL.ADVOCATE GENERAL BY SRI.Y.JAFFARKHAN, SENIOR GOVERNMENT PLEADER

¶49

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WP(C).36329/2015(M), WP(C).30036/2019(D), THE COURT ON 18.12.2020 DELIVERED THE FOLLOWING:

¶50

WP(C).No.36329/2015 and conn.cases 5

¶51

JUDGMENT

¶52

[ WP(C).36329/2015, WP(C).30036/2019, WP(C).23166/2020 ]

¶53

Dated this the 18th day of December 2020

¶54

These cases depict, how with the connivance of the public officials, the order of this Court can be misused. The entire case is built on an interim order passed on 23/12/2015 by this Court in W.P. (C).No.36329/2015, permitting the petitioner to form a road by blasting rocks in the area identified for formation of the road. This Court, believing it was a bona fide act on the part of the petitioner, as

¶55

the petitioner was restricted from plying heavy vehicles and tipper lorries for transportation of quarrying materials from the place where he has been permitted under law to conduct a crusher unit

¶56

granted the interim order referred above. A

¶57

WP(C).No.36329/2015 and conn.cases 6

¶58

restriction was placed by Kunnamkulam Sub Divisional Police Officer, pursuant to the direction of this Court in the judgment in W.P.(C).No.30421/2014 on 17/11/2014. The said judgment is produced as Ext.P5 in W.P.(C).No.36329/2015. Taking note of the narrow

¶59

width of the road, the police restricted plying of heavy vehicles from 6 am to 7.15am (Ext.P6 produced in W.P.(C).No.36329/2015).

¶60

Sensing it as an opportunity, he approached Geologist, Thrissur, on 24/11/2015 for constructing a new road. Ext.P7 is the said representation produced in W.P.(C).No.36329/2015. The prayer there appears to be very innocuous. It is stated therein that he requires to cut a layer of rock form by blasting. A sketch was prepared. Immediately after submitting the representation, the petitioner approached this Court with W.P.(C).No.36329/2015 on

¶61

WP(C).No.36329/2015 and conn.cases 7

¶62

30/11/2015. Taking note of the urgency pleaded,

¶63

this Court issued notice by Special Messenger to the District Geologist 1/12/2015. Thereafter, the

¶64

matter was placed before this Court on various occasions for consideration of the interim order.

¶65

On 23/12/2015, this Court passed the following interim order.

¶66

The petitioner, by Ext.P7 has approached the Geologist seeking for a direction to issue permission for the formation of the road.

¶67

The road is necessitated on account of the direction in the judgment of this Court in the connected matter posted along with this writ petition. To ply the vehicles to the quarrying unit belonging the petitioner, the petitioner seeks to form a road by blasting rocks formed in the proposed area identified for formation of road.

¶68

The learned Senior Counsel appearing for the petitioner submits that without insisting for environmental clearance, the petitioner may be given permission by the Geologist for the formation of road.

¶69

The learned Government Pleader submits that removal of huge quantities of rocks is involved for the formation of road and therefore, the petitioner cannot be granted permission without environmental clearance.

¶70

After adverting to Rule 106 Minor Mineral Concession Rules, this Court is of the view that since formation of road is for public purposes, without insisting environmental clearance, permit can be

¶71

WP(C).No.36329/2015 and conn.cases 8

¶72

issued after collecting royalty. However, before granting permission safeguard shall be ensured to be neighbouring property, and only after safeguarding the interest of the neighbouring owners, the permit shall be granted. Needless to say that, for the blasting operation, the petitioner also has to obtain explosive licence from the competent authority.

¶73

All these three cases now rest on the interim order quoted above.

¶74

The Geologist on 16/3/2016 passed an order pursuant to the above interim order allowing mining. (Ext.P6 produced in W.P.(C).No.30036/2019). It appears that the matter gained attention of the District Collector, Thrissur, as complaints were received by him in regard to large scale mining without any statutory clearance. The District Collector initiated action in the year 2018. The District Collector also appears to have issued a stop memo on 19/7/2019. (Ext.P21 produced in W.P. (C).No.30036/2019). Senior Geologist also issued a show cause notice to the petitioner on 18/9/2018.

¶75

WP(C).No.36329/2015 and conn.cases 9

¶76

(Ext.P8 produced in W.P.(C).No.30036/2019). In this notice it is stated that the petitioner illegally started quarrying and huge stock of minerals was found in the premises. The Geologist also appears to have issued a stop memo. This was at the instance of the District Collector. The petitioner moved the Lok Ayukta with a complaint. Since the petitioner was prevented from further mining, it resulted in filing W.P.(C).No.30036/2019. The petitioner urged before this Court in the pending writ petitions, a permission to move out granite aggregates. This Court, by a common order in W.P. (C).No.36329/2015 & 30036/2019, dated 25/9/2020, directed the Geologist to consider the petitioner's application. The Geologist, thereafter, on 15/10/2020, passed an order stating that 43622 matric tonnes of granite aggregates have been

¶77

WP(C).No.36329/2015 and conn.cases 10

¶78

confiscated and the petitioner is liable to pay

¶79

royalty, penalty etc. This order is under challenge

¶80

in W.P.(C).No.23166/2020. Ext.P19 is the said order.

¶81

The most startling fact in this case is

¶82

that, knowing that the action of the petitioner is

¶83

illegal, the then Geologist has not chosen to move this Court to vacate the interim order passed by this Court. An application for vacating the interim order passed by this Court in W.P.(C).No.36329/2015,

¶84

dated 23/12/2015, was filed by the District Geologist only on 1/11/2019. A counter affidavit was

¶85

also filed along with the application to vacate the interim order. It is appropriate to refer para.5 of

¶86

the counter affidavit filed in W.P. (C).No.36329/2015.

¶87

It is submitted that the petitioner has already obtained registration for operating a crusher unit in his property in the name and style “Divya Metals”. The Geologist, Thrissur has issued movement permits/transit passes to transport the granite aggregates from the

¶88

WP(C).No.36329/2015 and conn.cases 11

¶89

crusher unit. One Aliyakkal Abdul Azeez filed a complaint before the Geologist, Kerala Central Squad, Thrissur regarding illegal operation of the granite quarry of the petitioner. A true copy of the complaint dated 19.11.2018 filed by Aliyakkal Abdul Azeez is produced herewith and marked as Exhibit R1(a) . The Geologist, Kerala Minor Mineral squad, Thrissur conducted an enquiry and site inspection of the granite quarry of the petitioner. It was found that the petitioner is misusing the interim order of this Hon'ble Court and has extracted large quantity of granite stones from the property. Approximately the petitioner has removed more than 1.5 lakhs metric tonnes under the guise of construction of private road to the proposed granite quarry. True copy of the photographs showing the present status of the property of the petitioner is produced herewith and marked as Exhibit R1(b) . It can be seen from the photographs that the petitioner actually conducted quarrying operations under the guise of construction of a road to his proposed quarry. When the Geologist, Kerala Mineral Squad, Thrissur found that the blasting operations are carried out violating the statutory provisions, the petitioner was served with a notice to stop the quarrying operation. A true copy of the notice issued by the Geologist, Kerala Mineral Squad (Central Region, Thrissur) dated 20.06.2019 is produced herewith and marked as Exhibit R1(c).

¶90

It is obvious, the petitioner obtained this interim order with the connivance of the then District Geologist. The then District Geologist appears to have not given any instructions to the Government Pleader to defend the case properly. Photographs

¶91

WP(C).No.36329/2015 and conn.cases 12

¶92

produced before this Court along with the counter affidavit produced in W.P.(C).No.36329/2015 clearly shows the extent of the illegal activity committed by the petitioner, misusing the interim order.

¶93

One of the reasons cited before this Court

¶94

for formation of the new road was that the petitioner had no other road, other than the road upon which restrictions have been imposed. This contention was repeated again in all these writ petitions. Accordingly, this Court on 6/12/2019 appointed an Advocate Commissioner to visit the crusher unit. In the commission report produced in W.P.(C).No.36329/2015, the Commissioner has stated that the existing road can be comfortably used for plying all types of vehicles. It is appropriate to quote paragraphs 9 and 11 of the commission report, in this context:-

¶95

WP(C).No.36329/2015 and conn.cases 13

¶96

9. On inspection, I found that the road in question has its entrance abutting the Vazhakkode - Plazhy State Highway. At the entrance to the road, huge gates that are approximately 12 feet height are installed. On entering the gates, there exists a barrier in the form of a check post manned with a security personal. The road has a length of 1.4 kms, starting from its entrance till the stone crushing unit. At the entrance, it has a width of 7.4 meters. However, the road width varies throughout the entire stretch. The shortest width measured is 3.7 meters. It is respectfully submitted that the road is a well carved out mud road, paved with metal rubble. The road is even in most of the stretch and both sides of the road are covered with shrubs and vegetative growth. There are several tress on either side of the road. Though I cannot determine the age of the road, it is evident from its present nature and lie that the same is in existence and use for a long period of time. Out of the total stretch of 1.4 kms, there are two hairpin curves and this is followed by a short stretch of 100 meters which is seen to be slightly uphill. In the said stretch of 100 meters, one side of the road is approximately 15 to 20 meters in height. There are no trees or vegetation in the said portion and the soil is seen to be in loose condition. It is seen that the soil has eroded in the recent rains and has been flushed down to the road. Several medium sized rocks are seen on this part of the stretch. However, it is seen that the road passing through the said stretch is not affected by these factors. Vehicles including Taurus vehicles can comfortably ply through the said stretch of road. The two hairpin curves present in the road, though uphill is not so steep which causes any threat or hindrance to vehicular traffic. The jeep in which I traveled could comfortably steer through this stretch. The petitioner informed me that the road in question was formed by soil erosion during the recent floods. However, it does not appear to me as one that is

¶97

WP(C).No.36329/2015 and conn.cases 14

¶98

formed during the recent floods or due to soil erosion. On inspection, it is seen that the road in question is a man-made road.

¶99

It is respectfully submitted that the road in question is sufficiently wide, along the whole of its length, to ply Taurus vehicles to the petitioner's crusher unit. The width of the road and its present nature indicates that the road is fully operational and can be used even for plying fully loaded multiaxle vehicles named Taurus. As stated above, the hairpin curves in the road are wide and not so steep which would make it difficult to ply heavy loaded Taurus vehicles to and fro from the crusher unit. The road in question can be very well used for the purpose of transport of materials to and fro from the stone crusher unit of the petitioner, including by the use of heavy vehicles like 'Taurus'. The photographs taken by me, pertaining to the various stretches of the road in question is produced herewith and marked as EXHIBIT C1 SERIES . The photographs pertaining to the 100 metre stretch as mentioned in para 9 above is separately produced herewith and marked as EXHIBIT C2 SERIES .

¶100

Rule 106 of Kerala Minor Mineral Concession

¶101

Rules, 2015 allows extraction of minerals for

¶102

construction of common facilities. This is in the nature of public purposes. Formation of the road was highlighted as public purpose before this Court. As revealed from the facts itself, the formation of

¶103

the new road, in fact, is only for the purpose of

¶104

WP(C).No.36329/2015 and conn.cases 15

¶105

the petitioner. Further, there was no necessity to

¶106

form a new road, as revealed from the commission report. Thus, it is clear that the petitioner colluded with the then Geologist to obtain an interim order to defeat the statutory requirements. The apathy of the public officials is condemnable in this case. If any illegal activity is carried out misusing the order of this Court, the public officials ought to have brought to the notice of this Court then and there. It took four years to file a counter affidavit. The totality of the facts clearly show that the petitioner deserves nothing but dismissal of these cases with costs. Accordingly, these writ petitions are dismissed on payment of cost, totalling Rs.one lakh. The costs shall be paid to the Kerala Legal Services Authority in the credit of fund for payment of legal aid

¶107

WP(C).No.36329/2015 and conn.cases 16

¶108

counsels. Necessary action shall be initiated against the petitioner by the Director of Mining & Geology or any other authority, in accordance with

¶109

law, without any delay.

¶110

Sd/-

¶111

A.MUHAMED MUSTAQUE

¶112

¶113

JUDGE

¶114

WP(C).No.36329/2015 and conn.cases 17

¶115

¶116

PETITIONER'S/S EXHIBITS:

¶117

EXHIBIT P1	TRUE COPY OF THE SSI REGISTRATION CERTIFICATE DATED 6.10.2003 ISSUED TO THE PETITIONER BY THE ASST. DISTRICT INDUSTRIES OFFICER, THALAPPALLY, THRISSUR DISTRICT IN THE YEAR 1996.
EXHIBIT P2	TRUE COPY OF THE JUDGMENT DATED 17.11.2014 IN WPC NO.30421 OF 2014.
EXHIBIT P3	TRUE COPY OF THE ORDER NO.584/PTN/KSD/2015 DATED 15.12.2014 ISSUED BY DYSP OF KUNNAMKULAM.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT IN W.A.NO.894 OF 2016 DATED 6.5.2016.
EXHIBIT P5	TRUE COPY OF THE INTERIM ORDER DATED 23.12.2015 IN WPC 36329 OF 2015.
EXHIBIT P6	TRUE COPY OF THE ORDER NO.666/15- 16/2968/GS/C2/TDO/15 DATED 16.3.2016 ISSUED BY 3RD RESPONDENT.
EXHIBIT P7	TRUE COPY OF SOME RECEIPTS FOR THE REMITTANCE OF ROYALTY TO THE RESPECTIVE OFFICES.
EXHIBIT P8	TRUE COPY OF THE NOTICE NO.2199/C2/TDO/2018 DATED 18.9.2018 ISSUED BY 3RD RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE REPLY TO EXT.P8 GIVEN BY THE PETITIONER DATED 24.9.2018.
EXHIBIT P10	TRUE COPY OF THE ORDER NO.2199/C2/TDO/2018 DATED 28.11.2018 ISSUED BY 3RD RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE ORDER OF THE KERALA LOK AYUKTHA IN COMPLAINT NO.12/2019 B DATED 14.1.2019.
EXHIBIT P12	TRUE COPY OF THE INTIMATION 18.6.2019 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

¶118

WP(C).No.36329/2015 and conn.cases 18

¶119

EXHIBIT P13	TRUE COPY OF THE REPRESENTATION DATED 19.6.2019 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXHIBIT P14	TRUE COPY OF THE REPRESENTATION WAS SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT ON 26.6.2019.
EXHIBIT P15	TRUE COPY OF THE STOP MEMO ISSUED BY VILLAGE OFFICER, VENGALLUR KILLIMANGALAM GROUP VILLAGE DATED 11.7.2019.
EXHIBIT P16	TRUE COPY OF THE STOP MEMO ISSUED BY STATION HOUSE OFIFCER, CHELAKKARA DATED 15.7.2019.
EXHIBIT P17	TRUE COPY OF THELETTER NO.9/KMMCR/19 DATED 20.6.2019 ISSUED BY GEOLOGIST, KERALA MINIERAL SQUAD (CENTRAL REGION), THRISSUR.
EXHIBIT P18	TRUE COPY OF THE LETTER FORWARDED TO THE VILLAGE OFFICER BEARING NO.9/KMMCR/18 DATED 8.7.2019 BY THE GEOLOGIST, KERALA MINIERAL SQUAD (CENTRAL REGION), THRISSUR.
EXHIBIT P19	TRUE COPY OF THE LETTER NO.168724/19/FCDCTSR DATED 8.7.2019 ISSUED BY THE GEOLOGIST, KERALA MINERAL SQUAD (CENTRAL REGION), THRISSUR.
EXHIBIT P20	TRUE COPY OF THE RECEIPT NO.180756/2019 DATED 16.9.2019 ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR FOR ISSUING EXT.P19.
EXHIBIT P21	TRUE COPY OF THE INTIMATION GIVEN TO THE RDO BEARING NO.B6/7376/19 ISSUED BY 2ND RESPONDENT DATED 19.7.2019.
EXHIBIT P22	TRUE COPY OF THE INTIMATION NO.5937/M3/2019 ISSUED BY IST RESPONDENT DATED 12.7.2019.
EXHIBIT P23	TRUE COPY OF THE LETTER NO.5937/M3/2019 DATED 16.8.2019 ISSUED BY IST RESPONDENT.

¶120

WP(C).No.36329/2015 and conn.cases 19

¶121

EXHIBIT	P24 TRUE COPY OF THE SUBMITTED BY THE	APPLICATION FOR MOVEMENT PERMIT PETITIONER DATED 21.8.2019.
EXHIBIT	P25 TRUE COPY OF THE SUBMITTED BY THE RESPONDENT.	REPRESENTATION DATED 30.8.2019 PETITIONER BEFORE THE IST
EXHIBIT	P26 TRUE COPY OF THE PETITIONER BEFORE 17.9.2019.	REPRESENTATION SUBMITTED BY THE THE IST RESPONDENT DATED
EXHIBIT	P27 TRUE COPY OF THE PETITIONER BEFORE 29.10.2019	REPRESENTATION SUBMITTED BY THE THE IST RESPONDENT DATED
EXHIBIT	P28 TRUE COPY OF THE VILLAGE OFFICER.	SURVEY PLAN DRAWN BY THE
EXHIBIT	P29 TRUE COPY OF PHOT THE ROAD COMPLETE TARRED.	OGRAPHS WHICH SHOWS THE WORK OF D UPTO 80% AND IS SUBSTANTIALLY
EXHIBIT	P30 TRUE COPY OF THE 29.10.2019 ISSUED	NOTICE NO.5937/M3/2019 DATED BY IST RESPONDENT.
EXHIBIT	P31 TRUE COPY OF THE 4.11.2019 ISSUED	LETTER NO.2199/C2/TDO/18 DATED BY 3RD RESPONDENT.
EXHIBIT	P32 TRUE COPY OF THE 11/GS/1991/C2/TDO	PERMIT BEARING NO. 33/CRP/10- /2010 DTD. 30.6.2010.
EXHIBIT	P32(a) TRUE COPY OF THE 12/GS/1560/C2/TDO	PERMIT BEARING NO. 18/CRP/11- /2011 DTD. 29.6.2011.
EXHIBIT	P32(b) TRUE COPY OF THE 13/GS/1728/C2/TDO	PERMIT BEARING NO. 38/CRP/12- /12 DTD. 27.06.2012.
EXHIBIT	P32(c) TRUE COPY OF THE 13/GS/354/C2/TDO/	PERMIT BEARING NO. 144/CRP/12- 12 DTD. 6.2.2013.
EXHIBIT	P32(d) TRUE COPY OF THE 14/GS/236/C2/TDO/	PERMIT BEARING NO. 63/CRP/13- 13 DTD. 24.1.2014.

¶122

WP(C).No.36329/2015 and conn.cases 20

¶123

EXHIBIT P33	TRUE COPY OF THE LETTER BEARING NO.A7-13113/18 ADDRESSED TO THE PETITIONER BY TAHSILDAR,THALAPPILLY DTD. 03.10.2018.
EXHIBIT P34	TRUE COPY OF THE LETTER 08.11.2018 ADDRESSED TO THE RDO, THRISSUR.
EXHIBIT P35	TRUE COPY OF THE LETTER NO.E1-15991/2018 DATED 12.11.2018 SENT BY SUB COLLECTOR, THRISSUR TO THE SR. GEOLOGIST.
EXHIBIT P36	TRUE COPY OF THE INSTRUCTION GIVEN BY THE RDO, THRISSUR IN THE ABOVE LINE BEARING NO. E1- 15991/2018 DATED 13.02.2019.
EXHIBIT P37	TRUE COPY OF THE REQUEST NO. 2936/C2/TDO/18 DATED 29.01.2019 SUBMITTED BY SR. GEOLOGIST, THRISSUR TO THE SUB COLLECTOR, THRISSUR.
EXHIBIT P38	TRUE COPY OF GOOGLE MAP.
EXHIBIT P39	TRUE PHOTO COPY OF PHOTOGRAPH THAT I HAVE TAKEN WHERE THE SAND IS DUMPED IN MY PROPERTY.
EXHIBIT P40	CERTAIN PHOTOCOPIES OF PHOTOGRAPHS WHICH I HAD TAKEN AT THE TIME OF LAND SLIDING.
EXHIBIT P41	TRUE COLOUR PHOTOCOPY OF THE PHOTOGRAPH OF THE HAIRPIN BEND OF THE ROAD.
EXHIBIT P42	TRUE COLOUR PHOTOCOPY OF THE PHOTOGRAPH SHOWING SOIL THAT HAS BEEN ERODED IN THE SITE.
EXHIBIT P43	TRUE COPY OF THE COVERING LETTER DATED 11.3.2020 ON WHICH ACKNOWLEDGEMENT OF THE RECEIPT OF THE SAME IS SHOWN.
EXHIBIT P44	TRUE COPY OF THE REPLY TO EXT.R4(C) DATED 07.10.2019 GIVEN BY THE PETITIONER TO THE THIRD RESPONDENT.

¶124

WP(C).No.36329/2015 and conn.cases 21

¶125

EXHIBIT P45 TRUE COPY OF THE ORDER DATED 28.11.2019 IN I.A.NO.2/2019 IN W.A.NO.894/2016.

¶126

EXHIBITS PRODUCED IN COMMISSION REPORT DATED 15/12/2019

¶127

EXHIBIT C1 THE PHOTOGRAPHS PERTAINING TO THE VARIOUS SERIES STRETCHES OF THE ROAD IN QUESTION.

¶128

EXHIBIT C2 THE PHOTOGRAPHS PERTAINING TO THE 100 METRE SERIES STRETCH, AS MENTIONED IN PARA 9 IN THE COMMISSION REPORT.

¶129

RESPONDENTS EXHIBITS:

¶130

//TRUE COPY//

¶131

P.S.TO JUDGE

¶132

WP(C).No.36329/2015 and conn.cases 22

¶133

¶134

PETITIONER'S/S EXHIBITS:

¶135

EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE SSI REGISTRATION ISSUED BY THE ASST. DISTRICT INDUSTRIES OFFICER, TALAPPILLY, WADAKKANCHERY DT. 29/9/03. EXHIBIT P2 TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD RENEWING THE LICENCE UPTO 2/7/15. EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT SUBMITTED BY THE PETITIONER DT. 27/10/15. EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR STOCKING AND SELLING OF MINERALS UNDER THE KERALA MINERALS (PREVENTION OF ILLEGAL MINING, STRAGE AND TRNASPRTATION), RULES 2015 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY DT. 1/4/15. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 17.11.2014 OF THIS HON'BLE COURT IN W.P.(C) NO.30421/2014. EXHIBIT P6 TRUE COPY OF THE ORDER DT. 15/12/14 ISSUED BY THE SUB DIVISIONAL POLICE OFFICER, KANNAMKULAM. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DT. 24/11/15 SUBMITTED BY THE PETITIONER BEFORE TEH DISTRICT GEOLOGIST. EXHIBIT P8 TRUE COPY OF THE SURVEY PLAN DRAWN BY THE VILLAGE OFFICER. EXHIBIT P9 TRUE COPY OF THE EXPLOSIVE LICENSE NOE/SC/KL/22/258 (E.11642) ISSUED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM WHICH IS VALID TILL 31.3.2024.

¶136

WP(C).No.36329/2015 and conn.cases 23

¶137

EXHIBIT P10	TRUE COPIES OF SOME RECEIPTS FOR REMITTANCE OF ROYALTY TO THE RESOECTIVE OFFICES.
EXHIBIT P11	TRUE COPY OF THE INTIMATION NO-5397/M3/2019 DTD.12.7.2019 ISSUED BY DIRECTOR OF MINIING AND GEOLOGY.
EXHIBIT P-12	TRUE COPY OF THE ORDER DTD 28-11-2019 PASSED IN I.A.NO.2/2019 IN W.A. NO-894/16.

¶138

RESPONDENT'S/S EXHIBITS:

¶139

EXHIBIT R1A	A TRUE COPY OF FILED BY ALIYAK	THE KAL	COMPLAINT DATED 19.11.2018 ABDUL AZEEZ.
EXHIBIT R1B	A TRUE COPY OF PRESENT STATUS PETITIONER.	THE OF	PHOTOGRAPHS SHOWING THE THE PROPERTY OF THE
EXHIBIT R1C	A TRUE COPY OF GEOLOGIST, KERA 20.06.2019.	THE LA	NOTICE ISSUED BY THE MINERAL SQUAD DATED
EXHIBIT R1D	A TRUE COPY OF ALTERNATIVE REA PETITIONER.	THE CH	PHOTOGRAPHS SHOWING TO THE GRANTIE QUARRY OF THE
EXHIBIT R1E	A TRUE COPY OF PROPERTY.	THE	GOOGLE IMAGES OF THE

¶140

EXHIBITS PRODUCED IN COMMISSION REPORT DATED 15/12/2019

¶141

EXHIBIT C1 THE PHOTOGRAPHS PERTAINING TO THE VARIOUS SERIES STRETCHES OF THE ROAD IN QUESTION.

¶142

EXHIBIT C2 THE PHOTOGRAPHS PERTAINING TO THE 100 METRE SERIES SSTRETCH, AS MENTIONED IN PARA 9 IN THE CCOMMISSION REPORT.

¶143

WP(C).No.36329/2015 and conn.cases 24

¶144

//TRUE COPY//

¶145

P.S.TO JUDGE

¶146

WP(C).No.36329/2015 and conn.cases 25

¶147

¶148

PETITIONER'S/S EXHIBITS:

¶149

EXHIBIT P1	TRUE COPY OF THE JUDGMENT DATED 17.11.2014 IN WPC NO.30421/2014.
EXHIBIT P2	TRUE COPY OF THE ORDER NO.584/PTN/KSD/2015 DATED 15.12.2014 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM.
EXHIBIT P3	TRUE COPY OF THE INTERIM ORDER DATED 23.12.2015 IN WPC NO.36329 OF 2015.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT DATED 6.5.2016 IN W.A.NO.894/2016.
EXHIBIT P5	TRUE COPY OF THE ORDER NO.666/15- 16/2968/GS/C2/TDO/15 DATED 16.3.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT OF ROYALTY.
EXHIBIT P7	TRUE COPY OF THE NOTICE DATED 18.9.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 24.9.2018.
EXHIBIT P9	TRUE COPY OF THE ORDER NO.2199/C2/TDO/2018 DATED 28.11.2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE ORDER OF UPA LOK AYUKTHA DATED 14.1.2019 IN COMPLAINT NO.12/2019.
EXHIBIT P11	TRUE COPY OF THE REPLY DATED 18.6.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

¶150

WP(C).No.36329/2015 and conn.cases 26

¶151

EXHIBIT	P12	TRUE COPY OF THE STOP MEMO DATED 11.7.2019 ISSUED BY THE VILLAGE OFFICER VENGANELLUR VILLAGE.
EXHIBIT	P13	TRUE COPY OF THE STOP MEMO ISSUED BY THE STATION HOUSE OFFICER, CHELAKKARA POLICE STATION DATED 15.7.2019.
EXHIBIT	P14	TRUE COPY OF THE ORDER DATED 4.11.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P15	TRUE COPY OF THE REPORT OF THE DISTRICT COLLECTOR SUBMITTED IN WPC NO.30036 OF 2019.
EXHIBIT	P16	TRUE COPY OF THE INTERIM ORDER DATED 25.9.2020 IN WPC NO.30036/2019 AND 36329/2015.
EXHIBIT	P17	TRUE COPY OF THE NOTICE DATED 1.10.2020 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT	P18	TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 14.10.2020.
EXHIBIT	P19	TRUE COPY OF THE ORDER NO.121/20- 21/GS/2199/C2/TDO/18 DATED 15.10.2020.
RESPOND	ENTS EXH	IBITS:
EXHIBIT	R2(A)	TRUE COPY OF THE RELEVANT PAGES OF THE COMMISSION REPORT FILED IN W.P.(C)NO.30036/2019 DATED 15.12.2019 BY THE ADVOCATE COMMISSIONER.
EXHIBIT	R2(B)	TRUE COPY OF THE PHOTOGRAPH SHOWING THE ILLEGAL MINING.
EXHIBIT	R2(C)	TRUE COPY OF JUDGMENT SIRAJUDHIN V. DISTRICT COLLECTOR (2017 (1) KLT 756).

¶152

WP(C).No.36329/2015 and conn.cases 27

¶153

//TRUE COPY//

¶154

P.A.TO JUDGE

V.Govindankutty v. the District Geologist

Case brief

What is this about?

What did the court decide?

V.Govindankutty v. the District Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

George Joseph Vs Sri.Bose Well John

Cheeran Structurals Vs Kavalangad Grama Panchayath

Sainaba Vs the District Collector, Malappuram

V.Govindankutty Vs Director

Johnson Vs State of Kerala

Gopinathan N.M Vs State of Kerala