Remanded

K.R Sunil Babu v. the District Geologist

Kerala HC14 Dec 2022WP(C)/2148/2022

Case brief

AI extract

What is this about?

This writ petition challenged a Stop Memo issued to a petitioner for alleged violations during red earth excavation for building construction. The High Court ordered the Village Officer to conduct enquiries and conclude proceedings within one month, and to decide on the issuance of re-issue of Transit Pass.

What did the court decide?

Village Officer directed to conclude enquiries and pass appropriate orders within one month, subject to which District Geologist to consider re-issue of Transit Pass.

K.R Sunil Babu Vs the District Geologist — Land Acquisition | Kerala HC (2022)

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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 N.NAGARESH

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WEDNESDAY, THE 14TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944
WP(C) NO. 2148 OF 2022

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PETITIONER

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K.R SUNIL BABU
AGED 53 YEARS

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S/O. RAMU GOWDER, KEERIPATTA HOUSE, VARADOOR P.O,
WAYANAD, PIN 673 591

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BY ADVS.
P.N.SANTHOSH
K.P.GEETHA MANI

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RESPONDENTS:

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1 THE DISTRICT GEOLOGIST MINING AND GEOLOGY DEPARTMENT, MEENANGADI P.O, WAYANAD DISTRICT PIN 673 591

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2 VILLAGE OFFICER POOTHADI VILLAGE OFFICE, SULTHAN BATHERI TALUK, POOTHADI P.O, WAYANAD DISTRICT,PIN 673 596

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SMT. DEEPA NARAYANAN SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.2148 OF 2022

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JUDGMENT

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Dated this the 14^th day of December, 2022

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The petitioner wanted to construct a building in his property having an extent of 31 Cents of dry land situated in Poothadi Village in Sulthan Batheri Taluk. The building construction required excavation and transportation of red earth.

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The petitioner states that on the basis of the Building Permit issued, the 1^st respondent-District Geologist issued Transit Passes for removing 5074.12 M³ of red earth as per Ext.P1 order dated 03.01.2022.

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The petitioner submits that he has paid `2,02,965/towards royalty to the Government for the red earth to be excavated. The validity period of Transit Passes was from 03.01.2022 to 20.01.2022. Based on Ext.P1 Transit Permit, the petitioner removed about 40% of the red earth out of the

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WP(C) NO.2148 OF 2022

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permissible quantity.

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As a bolt from the blue, the petitioner has been issued with Ext.P2 Stop Memo of the Village Officer on 11.01.2022. Ext.P2 Stop Memo alleges that the petitioner is found to have violated the conditions for excavation of red earth. The petitioner was directed to stop all the activities in the land till further orders are passed in this regard.

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The petitioner states that Ext.P2 is highly illegal and unsustainable. The petitioner has excavated red earth on the basis of genuine Permits and Passes issued by the Geologist. The petitioner has transported the red earth to Survey Nos. 276/26 and 276/16 in Panamaram Village, where a Petrol Pump is under construction. The said land is not a paddy land or wetland. It is a garden land, contends the petitioner.

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It is further pointed out that Ext.P2 Stop Memo has been issued on 11.01.2022 and so far the proceedings have not been completed. In the meanwhile, the period of validity of

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WP(C) NO.2148 OF 2022

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4

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the Mineral Transit Passes issued to the petitioner is also over. Unless the petitioner is permitted to transport the red earth already excavated and permitted to be excavated to construct the building, the petitioner will be put to irreparable loss and injury.

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Senior Government Pleader entered appearance and contested the writ petition. The Senior Government Pleader submitted that complaints were received from certain quarters regarding unauthorised filling up of paddy land. On enquiries made by the Village Officer, it was found that the red earth excavated from the petitioner’s property was dumped in Survey Nos.393/12 and 394/12 in Poothadi Village, which land was paddy land which belongs to Sri.K.K.Mohanan, son of Gopalan. As the red earth excavated by the petitioner has been used to fill up a paddy land, Ext.P2 Stop Memo is justified, contended the Government Pleader.

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WP(C) NO.2148 OF 2022

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The counsel for the petitioner, on the other hand, pointed out that nobody has a case that the red earth excavated from the petitioner’s property is used for filling up the said paddy land. There is no Mahazar or any other piece of evidence to show that the red earth was taken from the petitioner’s property to the said paddy land. In the circumstance continuance of Ext.P2 Stop Memo would cause irreparable loss to the petitioner, contends the petitioner.

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I have heard the learned counsel for the petitioner

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and the learned Government Pleader representing the respondents.

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It is evident from Ext.P1 that the petitioner has been issued Transit Passes for excavating 5074.12 M³ of red earth. It is the specific case of the petitioner that after excavating some red earth, he has transported the said red earth only for levelling the land in Survey Nos.276/26 and 276/16 of Panamaram Village, where a Petrol Pump is being built up.

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WP(C) NO.2148 OF 2022

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The said land is a garden land and therefore no offence is committed.

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In view of the facts as stated above, I am of the opinion that the Stop Memo issued by the Village Officer as per Ext.P2 should be brought to its logical conclusion without further delay.

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In the facts and circumstances of the case, the writ petition is disposed of directing the 2^nd respondent-Village Officer, Poothadi to consider the statement of the petitioner that the ordinary earth/red earth excavated from the petitioner’s property was used to fill up the land in Survey Nos.276/26 and 276/16 of Panamaram Village. The Village Officer may also make necessary enquiries regarding filling up of paddy land in Survey Nos.393/12 and 394/12 in Poothadi Village. The Village Officer shall conclude the proceedings and pass appropriate orders on the continuance of Ext.P2 Stop Memo, within a period of one month. Based on the orders to

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WP(C) NO.2148 OF 2022

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be passed by the Village Officer, the District Geologist shall consider the application of the petitioner for re-issue of Mineral

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Transit Pass to transport the remaining quantity of red earth.

SD/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.2148 OF 2022

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APPENDIX OF WP(C) 2148/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE ORDER NO. 248/2021-
2022/DOW/M-422/2021 DATED 03-01-2022
ISSUED BY THE 1ST RESPONDENT
Exhibit P2A TRUE COPY OF THE STOP MEMO NO CR03/22
DATED 11-01-2022 ISSUED BY THE 1ST
RESPONDENT
Exhibit P3A TRUE COPY OF THE REPRESENTATION DATED
12-01-2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT

K.R Sunil Babu v. the District Geologist

Case brief

What is this about?

What did the court decide?

K.R Sunil Babu v. the District Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

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