The Court dismissed a writ petition challenging a mining lease granted to legal heirs. The petitioners claimed no interest in the land and disputed the heirs' standing. The Court noted pending civil remedies for property disputes as irrelevant to public law considerations.
The writ petition is dismissed. No costs awarded to any party.
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 A.MUHAMED MUSTAQUE
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WP(C).No.3910 OF 2019(K)
PETITIONER/S:
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BY ADVS.
SRI.K.MOHANAKANNAN SMT.T.V.NEEMA
RESPONDENT/S:
R1-6 BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN R7 BY ADV. SRI.MANOJ RAMASWAMY R8 BY ADV. SRI.BECHU KURIAN THOMAS (SR.) R8 BY ADV. SRI.ENOCH DAVID SIMON JOEL R9 BY ADV. SRI.M.P.RAMNATH R9 BY ADV. SRI.P.RAJESH (KOTTAKKAL)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 19th day of November 2020
This writ petition is filed by Komu Moideen and
others, the legal heirs of late Yusuf challenging the mining permit/lease issued to respondents 8 and 9 in respect of the land in Re-survey Nos.174/1-part and 186/1part (Old Survey No.8) of Pulikkal Village in Malappuram District. The petitioners have no right or interest over the above land. According to the petitioners, the land above belonging to one Muhammedkutty who died in the year 2012. It is stated in the writ petition that the consent from Muhammedkutty was produced before the Director of Mining and Geology to obtain mining lease in respect of the land. These consents were obtained in the year 2016 and 2017. The petitioners also produced the death certificate. The said certificate would show that Muhammedkutty died in the year 2012.
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interim direction of this Court prohibiting mining in the land.
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no objection in granting the mining lease and he has given consent. It is submitted that the claim of the petitioners is a frivolous claim and has no legal basis over the property belonging to Muhammedkutty.
However, I make it clear that as far as the petitioners property is concerned, they are free to move the civil court in accordance with law. In view of the
above, the writ petition is only to be dismissed. Accordingly, it is dismissed. No costs.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ln
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE DOCUMENT NO.620/1969 OF SRO, KONDOTTY. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DOCUMENT NO.2664/1 OF SRO, KONDOTTY DATED 15.12.1972. |
| EXHIBIT P3 | TRUE COPY OF THE ENCUMBRANCE CERTIFICATE, ISSUED BY THE SRO, KONDOTTY DATED 3.12.2015. |
| EXHIBIT P4 | TRUE COPY OF THE APPLICATION FOR D & O LICENCE SUBMITTED BY THE 8TH RESPONDENT WITH COPY OF THE D & O LICENCE. |
| EXHIBIT P5 | TRUE COPY OF THE CONSENT LETTER GIVEN BY MUHAMMEDKUTTY AND SAINUDHEEN. |
| EXHIBIT P6 | TRUE COPY OF THE PERMIT ISSUED IN RESPECT OF SURVEY NO.186/1, 24 CENTS AND 186/1, 36 CENTS. |
| EXHIBIT P7 | TRUE COPY OF THE COMMUNICATION SENT BY THE 4TH RESPONDENT TO THE 8TH RESPONDENT DATED 20.1.2014. |
| EXHIBIT P8 | TRUE COPY OF THE INFORMATION DATED 31.12.2018 GIVEN BY THE 4TH RESPONDENT WITH COPIES OF CONSENT LETTERS 20.2.2017 AND 14.6.2017. |
| EXHIBIT P9 | TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, PULICKAL GRAMA PANCHAYAT DATED 11.4.2012. |
| EXHIBIT P10 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 30.1.2019 WITH ACKNOWLEDGMENT RECEIPT. |
| EXHIBIT P11 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 30.1.2019 WITH ACKNOWLEDGMENT RECEIPT. |
| EXHIBIT P12 | TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 11-02-2019. |
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| EXHIBIT P13 | TRUE COPY OF THE COMMUNICATION FROM THE REGISTRAR OF BIRTHS AND DEATHS DATED NIL |
|---|---|
| EXHIBIT P14 | TRUE COPY OF THE RE-SURVEY AND SETTLEMENT REGISTER OF AMSOM 16 OF ANTHIYURKKUNNU IN ERNAD TALUK IN MALABAR DISTRICT. |
| EXHIBIT P15 | TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS 1 AND 10 BEFORE THE 3RD RESPONDENT DATED 06/01/2020. |
| EXHIBIT P16 | TRUE COPY OF THE PROCEEDINGS OF THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT DATED 08/06/2020. |
| EXHIBIT P17 | TRUE COPY OF THE WRITTEN STATEMENT FILED IN OS.121/2016 DATED 28/06/2016. |
| RESPONDENT'S/S | EXHIBITS: |
| EXHIBIT R8(a) | TRUE COPY OF THE QUARRYING LEASE DATED 29.06.2018 VALID TILL 28.06.2028. |
| EXHIBIT R8(b) | TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.50/2018 DTD. 17.03.2018 VALID TILL 16.03.2023 ISSUED BY THE SEIAA. |
| EXHIBIT R8(c) | TRUE COPY OF THE CONSENT DATED 06.04.2018 VALID TILL 31.03.2023 ISSUED BY THE POLLUTION CONTROL BOARD. |
| EXHIBIT R8(d) | TRUE COPY OF THE D&O LICENSE DTD. 01.04.2020 VALID TILL 31.03.2021 ISSUED BY THE PULIKKAL GRAMA PANCHAYAT. |
| EXHIBIT R8(E) | TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 05/03/2019 ISSUED BY THE TAHSILDHAR, KONDOTTY. |
| EXHIBIT R8(F) | TRUE COPY OF THE AFFIDAVIT DATED 19/02/2019 EXECUTED BY THE SIBLINGS OF LATE SRI. MUHAMMED KUTTY. |
| EXHIBIT R8(G) | TRUE COPY OF THE AFFIDAVIT DATED 28/02/2019 EXECUTED BY SMT. FATHIMAKUTTY, W/O. LATE SRI. MUHAMMED KUTTY. |
| EXHIBIT R8(H) | TRUE COPY OF THE AFFIDAVIT DATED 28/02/2019 EXECUTED BY SMT. MUFEEDA, D/O. LATE SRI. MUHAMMED KUTTY. |
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| EXHIBIT R8(I) | TRUE COPY OF THE AFFIDAVIT DATED 28/02/2019 EXECUTED BY SMT. RASEENA, D/O.LATE SRI. MUHAMMED KUTTY. |
|---|---|
| EXHIBIT R8(J) | TRUE COPY OF THE AFFIDAVIT DATED 22/03/2019 EXECUTED BY SMT.SHAHERBANU, D/O. LATE SRI. MUHAMMED KUTTY. |
| EXHIBIT R8(K) | TRUE COPY OF THE AFFIDAVIT DATED 22/03/2019 EXECUTED BY SMT. NISHIYA, D/O. LATE SRI. MUHAMMED KUTTY. |
| EXHIBIT R8(L) | TRUE COPY OF THE ORDER DATED 20/09/2019 ISSUED BY THE SEIAA. |
| EXHIBIT R8(M) | TRUE COPY OF THE STOP MEMO DATED 24/04/2019 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT R8(N) | TRUE COPY OF THE LETTER DATED 03/05/2019 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT R8(O) | TRUE COPY OF THE LETTER DATED 09/12/2019 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT R9(1) | THE TRUE PHOTOCOPY OF THE PARTITION DEED NO. 2346/2009 SRO KONDOTTY. |
| EXHIBIT R9(2) | THE TRUE PHOTOCOPY OF THE PURCHASE CERTIFICATE NO.367C/1978 ISSUED BY THE KONDOTTY LAND TRIBUNAL IN FAVOUR OF MOHAMMED KUTTY, ZAINDUDDIN, AMINAKUTTY, VEERANKUTTY (9TH RESPONDENT), ASIA, PATHUMMA BADRERUNNISA BEEKUTTY. |
| EXHIBIT R9(3) | THE TRUE PHOTOCOPY OF THE TAX PAID RECEIPT DATED 19/04/2018 FOR THE PERIOD OF 2018-19 PAID IN RESPECT OF THE PROPERTIES OF SAID MOHAMMED KUTTY AND OTHERS. |
| EXHIBIT R9(4) | THE TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 21/04/2018 FOR THE PERIOD OF 2018-19 PAID BY THE MUHAMMED AND OTHER LEGAL HEIRS OF LATE VEERANKUTTY. |
| EXHIBIT R9(5) | THE TRUE PHOTOCOPY OF THE PARTITION DEED NO. 649/1982 SRO KONDOTTY. |
| EXHIBIT R9(6) | THE TRUE PHOTOCOPY OF THE TAX PAID RECEIPT DATED 26/04/2018 FOR THE PERIOD OF 2018-19 PAID BY ALAVIKUTTY AND OTHERS. |
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| EXHIBIT R9(7) | THE TRUE PHOTOCOPY OF THE TAX PAID RECEIPT DATED 26/04/2018 FOR THE PERIOD OF 2018-19 PAID BY MUHAMMEDALI. |
|---|---|
| EXHIBIT R9(8) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 01/03/2019 FILED BY PATHUMMAKUTTY THE SISTER OF LATE MOHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
| EXHIBIT R9(9) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 01/03/2019 FILED BY P.V. ALAVIKUTTY THE BROTHER OF LATE MOHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
| EXHIBIT R9(10) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 01/03/2019 FILED BY ZAINUDHEEN THE BROTHER OF LATE MOHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
| EXHIBIT R9(11) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 01/03/2019 FILED BY VEERANKUTTY THE BROTHER OF LATE MOHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
| EXHIBIT R9(12) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 01/03/2019 FILED BY ASIA THE SISTER OF LATER MOHAMMED KUTTY. |
| EXHIBIT R9(13) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 01/03/2019 FILED BY BADARUNNISA THE SISTER OF LATE MOHAMMED KUTTY. |
| EXHIBIT R9(14) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 28/02/2019 FILED BY FATHIMMAKUTTY THE WIDOW OF LATE MOHAMMED KUTTY. |
| EXHIBIT R9(15) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 28/02/2019 FILED BY MUFEEDA DAUGHTER OF LATE MOHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
| EXHIBIT R9(16) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 28/02/2019 FILED BY RASEENA DAUGHTER OF LATE MUHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
| EXHIBIT R9(17) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 12/03/2019 FILED BY NISHIYA, D/O. MOHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
| EXHIBIT R9(18) | THE TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 12/03/2019 FILED BY SHAHARBANU, D/O. MOHAMMED KUTTY BEFORE THE 4TH RESPONDENT. |
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19/02/2019 GIVEN BY ZAINUDHEEN, ALAVIKUTTY, VEERANKUTTY, ASIA, PATHUMMAKUTTY, BADARUNNISA ALL CHILDREN OF LATE YUSUF TO THE 8TH RESPONDENT.
EXHIBIT R9(20) THE TRUE PHOTOCOPY OF THE CONSENT DATED 19/02/2019 GIVEN BY FATHIMAKUTTY, RASEENA AND MUFEEDA VIZ. WIFE AND TWO CHILDREN OF LATE MOHAMMED KUTTY TO THE 8TH RESPONDENT. EXHIBIT R9(21) THE TRUE PHOTOCOPY OF THE CONSENT DATED 22/03/2019 GIVEN BY SHAHARBANU, D/O. LATE MOHAMMED KUTTY TO THE 8TH RESPONDENT. EXHIBIT R9(22) THE TRUE COPY OF THE CONSENT DATED 22/03/2019 GIVEN BY NISHIYA, D/O. LATE MOHAMMED KUTTY TO THE 8TH RESPONDENT. EXHIBIT R(23) THE TRUE PHOTOSTAT COPY OF THE PLAINT FILED BY THE PETITIONER IN OS 121/2016 BEFORE HON'BLE MUNSIFF'S COURT, MANJERI. EXHIBIT R9(24) THE TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANTS 1 TO 3 IN O.S. 121/2016 BEFORE HON'BLE MUNSIFF COURT, MANJERI. EXHIBIT R9(25) THE TRUE PHOTOSTAT COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF LATE P.V. MUHAMMED KUTTY ISSUED BY THE TAHSILDAR KONDOTTY, BEARING NO.C22416/2019 DATED 25/04/2019. EXHIBIT R9(26) THE TRUE PHOTOCOPY OF THE TAX PAID RECEIPT DATED 16/04/2019 FOR THE PERIOD OF 2019-2020 PAID IN RESPECT OF THE PROPERTIES COMPRISED IN (EXHIBITS R9(1) AND R9(2) BY THE PRESENT OWNERS THEREOF. EXHIBIT R9(27) THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 17/04/2019 IN RESPECT OF THE PROPERTIES COMPRISED IN SY. NOS. 186/1-1, 1-2 & 1-3 OF PULIKKAL VILLAGE AND TAKING IN PARTS OF PROPERTIES COMPRISED IN EXHIBITS R9(1) & R9(2), IN THE NAME OF THE PRESENT OWNER INCLUDING 9TH RESPONDENT ISSUED BY THE VILLAGE OFFICER, PULKKAL. EXHIBIT R9(28) THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 17/04/2019 IN RESPECT OF THE PROPERTIES COMPRISED IN SY.NOS.174/1.2, 1-1 OF BLOCK NO.8 OF PULIKKAL VILLAGE AND TAKING IN
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PARTS OF PROPERTIES COMPRISED IN EXHIBIT R9(1) IN THE NAMES OF THE PRESENT OWNERS INCLUDING 9TH RESPONDENT, ISSUED BY THE VILLAGE OFFICER PULIKKAL.
EXHIBIT R9(29) THE TRUE PHOTOCOPY OF THE ENCUMBRANCE CERTIFICATE DATED 25/04/2019 IN RESPECT OF SUBJECT MATTER PROPERTIES IN RE.SY. NO. 174/1/1. RE. SY.NO.186/1/1 IN BLOCK NO.8 PULIKKAL VILLAGE. EXHIBIT R9(30) THE TRUE PHOTOCOPY OF THE ENCUMBRANCE CERTIFICATE DATED 25/04/2019 IN RESPECT OF SUBJECT MATTER PROPERTIES RE.SY. 186/1/2; IN BLOCK NO.8 PULIKKAL VILLAGE. EXHIBIT R9(31) THE TRUE PHOTOCOPY OF THE ENCUMBRANCE CERTIFICATE DATED 25/04/2019 IN RESPECT OF SUBJECT MATTER PROPERTY IN RE. SY. NO.186/1/3 IN BLOCK NO.8 PULIKKAL VILLAGE EXHIBIT R9(32) THE TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 02/04/2019 FOR THE PERIOD OF 2019-20 PAID BY MUHAMMED AND OTYHER LEGAL HEIRS OF LATE VEERANKUTTY FOR THE PROPERTIES IN SY. NOS. 174/1-3, 1-4, AND 186/1-4, 1-5, 1-6 IN RESPECT OF THEIR PROPERTIES. EXHIBIT R9(33) THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 17/04/2019 ISSUED IN THE NAME OF MUHAMMED AND OTHER LEGAL HEIRS OF LATE VEERANKUTTY IN RESPECT OF PROPERTIES IN 186/14, 1-5, 1-6 BY THE VILLAGE OFFICER, PULIKKAL.
EXHIBIT R9(34) THE TRUE PHOTOCOPY OF THE TAX PAID RECEIPT DATED 02/04/2019 FOR THE PERIOD OF 20/19/2020 PAID BY P.V. MOHAMMEDALI AND OTHERS IN RESPECT OF PROPERTIES IN SY. NO. 186/1-7, 1-8, 249/9-1 AND 251/12-1 ISSUED FROM THE VILLAGE OFFICE, PULIKKAL.
EXHIBIT R9(35) THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 17/04/2016 ISSUED IN THE NAME OF P.V. MUHAMMADALI AND OTHERS IN RESPECT OF PROPERTY IN SY. NO. 186/1 (BLOCK NO.8) ISSUED BY VILLAGE OFFICER, PULIKKAL.
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NO. B4-1317/19 DATED 07/03/2019 SUBMITTED BY THE 5TH RESPONDENT TAHSILDAR TO THE 3RD RESPONDENT-DISTRICT COLLECTOR ALONG WITH THE PARAWISE STATEMENT OF FACTS (SOF) OF THE VILLAGE OFFICER PULIKKAL (6T RESPONDENT) ALONG THEREWITH AS OBTAINED BY THE RESPONDENT UNDER RIGHT TO INFORMATION ACT.
EXHIBIT R9(37) THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 05/05/2019 ISSUED BY THE 5TH RESPONDENT -TAHSILDAR TO THE 6TH RESPONDENT VILLAGE OFFICER AS OBTAINED UNDER RIGHT TO INFORMATION ACT, 2005.
EXHIBIT R9(38) THE TRUE PHOTOSTAT COPY OF THE REPORT DATED 17/05/2019 FILED BY THE 6TH RESPONDENT-VILLAGE OFFICER TO THE 5THE RESPONDENT - TAHSILDAR AS OBTAINED UNDER RIGHT TO INFORMATION ACT, 2005.
ANNEXURE R4(A) COPY OF THE LETTER NO.1387/M2/2019 DATED 03/05/2019.
ANNEXURE R4(B) COPY OF THE PROCEEDINGS NO.97/2019-20/GS/DOM/M877/2017 DATED 12/07/2019.
1 issue framed by the court
Whether the writ petition challenging the mining lease issued to legal heirs should be allowed or dismissed.
KOMU MOIDEEN AND OTHERS
STATE OF KERALA AND OTHERS
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
