Disposed

K.M.Jalal v. Village Officer

Kerala HC13 Jan 2021WP(C)/550/2021

Case brief

AI extract

What is this about?

The Court quashed a stop memo issued without prior notice and directed the petitioner to treat it as a show cause notice to file objections. The Geologist was mandated to inspect the site and decide within three weeks. It was further held that authorities must issue notice before passing final stop memos to ensure fair procedure.

What did the court decide?

Petitioner directed to treat Ext.P2 stop memo as show cause notice and file objections within a week; 2nd respondent Geologist to visit premises, hear petitioner, and pass order within three weeks.

K.M.Jalal Vs Village Officer — Pension and Retirement Benefits | Kerala HC (2021)

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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.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

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WP(C).No.550 OF 2021(P)

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PETITIONER/S:

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K.M.JALAL,S/O. MOIDEEN KAVALAKKAL HOUSE CHERUVATOOR P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691

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BY ADVS. SRI.JOJI GEORGE JACOB SRI.BABY KURIAKOSE SRI.RAAJESH S.SUBRAHMANIAN

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RESPONDENT/S:

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1 VILLAGE OFFICER, KURUPPAMPADY, UPPUKANDAM-MALIPPARA ROAD, KOTTAPPADY, ERNAKULAM DISTRICT-686 692

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2 DISTRICT GEOLOGIST, CIVIL LINES, KAKKANAD, KOCHI-682 030

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OTHER PRESENT:

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GP: SRI.A RAVIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.550 OF 2021(P)

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JUDGMENT

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The petitioner has approached this Court challenging Ext.P2 stop memo that was issued to him by the 1^st respondent Village Officer. By the said stop memo he is prevented from undertaking extraction of granite building stone from an area, over which he claims to have the right to extract the said stones. In the writ petition it is the case of the petitioner that Ext.P2 stop memo was issued without any prior show cause notice and hence it is without jurisdiction.

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While the contention with regard to lack of jurisdiction is one that merits consideration in the instant case, I am of the view that inasmuch as an adjudication of the said issue would take time, it would be prudent on the facts of the instant case to direct the petitioner to treat Ext.P2 stop memo as a show cause notice and file his objections regarding the same before the 1^st respondent Geologist. On the Geologist receiving the objections from the petitioner, it would be apposite for the Geologist to visit the premises of the petitioner and look into the issue raised in the stop memo and take a decision in the matter of permitting the petitioner to continue with the extraction of granite building stone from the premises in question. Accordingly, I dispose the writ petition by directing the petitioner to prefer his objections to Ext.P2 stop memo by treating the same as a show cause notice, within a week from today. The 2^nd respondent Geologist shall, on receipt of the objections from the petitioner, visit the premises of the petitioner and ascertain the true state of affairs with regard to the allegations in the stop memo and take a decision in the matter, after hearing the petitioner and considering his objections. The 2^nd respondent Geologist shall pass orders in the matter as directed within three weeks from the date of receipt of the objections from the petitioner.

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WP(C).No.550 OF 2021(P)

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Before parting with this case, I feel it necessary to point out that this Court has come across a number of instances, where police officers and revenue authorities have proceeded to issue stop memos to persons alleging violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015. While stop memos are issued without any prior notice to the person who is alleged to have contravened the provisions of the Rules, the authorities do not realise that on the stop memo being issued, the person concerned is forced to stop further activities in the premises and is relegated to an appropriate legal forum for agitating his grievance against the stop memo. The said course of action, in my view, is not in conformity with the rules of fair procedure. Accordingly, if the statutory authorities concerned either notice, or apprehend, a violation of the provisions of the Kerala Minor Mineral Concession Rules, by any person, the proper course would be to cause a show cause notice to be served on the person concerned, and thereafter to consider the reply to the said notice from the person concerned, before taking appropriate action against the said person. In the notice so issued, the authorities should clearly indicate how they are competent to issue the said notice (the jurisdiction aspect) and may also direct the person concerned to refrain from carrying on the alleged objectionable activities till such time as the matter has been considered by the proper authority. The statutory authorities and their delegates shall henceforth desist from passing stop memos in the nature of final orders, without affording the person concerned an opportunity of showing cause against the proposed course of action. The Registry shall forward a copy of this judgment to the Secretary, Industries Department, so that appropriate circulars are issued to inform the field formations within the State.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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WP(C).No.550 OF 2021(P)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE QUARRYING PERMIT NO. 05/20-21/MM/GS/QP/DOE/3105/E2/17 DATED 17.06.2020. EXHIBIT P1 A TRUE COPY OF THE SURVEY MAP EXHIBITING THE QUARRYING PERMIT AREA. EXHIBIT P2 A TRUE COPY OF THE STOP MEMO BEARING NO. 01/2021 DATED 04.01.2021 ISSUED BY 1ST RESPONDENT.

K.M.Jalal v. Village Officer

Case brief

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K.M.Jalal v. Village Officer

Case brief

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