The Court directed the 4th respondent to permit the petitioner's pond construction activities provided they strictly comply with NOC Exhibit P1, while reserving the right to act if violations occur.
Direction to the 4th respondent to permit the petitioner's pond construction provided it strictly complies with Exhibit P1.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
WP(C) NO. 1979 OF 2023
PETITIONER:
K.O. THOMAS AGED 72 YEARS S/O.OOMMEN, KONNOLIMANNIL HOUSE, PALLIKUTHU P.O., PANAMANNU, CHUNGATHARA TALUK, MALAPPURAM DISTRICT, PIN - 679334 BY ADVS. BABU S. NAIR SMITHA BABU
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004 3 THE REVENUE DIVISIONAL OFFICER PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322 4 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MANJERI, MALAPPURAM DISTRICT, PIN - 676121 BY SRI.APPU.P.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.1979 OF 2023
2
JUDGMENT
Dated this the 24th day of February, 2023
This writ petition is filed seeking the following
reliefs:
“i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 4th respondent not to interfere with the construction of remaining portion of the pond as permitted in Exhibit P1 in the Properties of the petitioner comprised in R.S.No.28/2-2 in Block No.94 of the Chungathara Village;
ii) Declare that the petitioner can obtain permission under Rule 104 of the KMMC Rules, for the removal of clay extracted on the formation of the remaining portion of the pond in his properties from the first respondent.”
and the learned Government Pleader.
W.P.(C)No.1979 OF 2023
3
petitioner that the petitioner is carrying out pisciculture in his property having an extent of 88 cents, comprised in Re-Survey No.28/2-2 of Block NO.94 of Chungathara Village in Nilambur Taluk of Malappuram District. It is submitted that the petitioner has Exhibit P1 NOC from the Deputy Director of Fisheries for conducting a fish farm in 88 Cents in his property with a depth of 1.5 meter. It is submitted that the petitioner had also obtained Exhibit P3 NOC from the RDO as well as Exhibit P4 permit to transport 7192 cubic metres of ordinary clay removed from a part of the said pond.
W.P.(C)No.1979 OF 2023
4
petitioner had completely complied with Exhibt P5 order and that he had been permitted to carry out the activities specifically in accordance with Exhibit P4. Thereafter, the petitioner is desirous of preparing the remaining part of the pond for the pisciculture which is being objected to by the Geologist.
instructions, submits that a site inspection had been conducted on 24.12.2022 and there is an apprehension that further excavations are being done by the petitioner which is not in accordance with Exhibt P1.
In the above view of the matter, there will be a direction to the 4th respondent to permit the activity being carried out by the petitioner, provided it is strictly in accordance with Exhibt P1. In case there is any step
W.P.(C)No.1979 OF 2023
5
being taken by the petitioner in violation of Exhibt P1,
the 4th respondent is free to take action in accordance
with law.
Sd/ANU SIVARAMAN JUDGE
SSK/24/02
W.P.(C)No.1979 OF 2023
6
APPENDIX
| PETITIO | NER EXHI | BITS | |
|---|---|---|---|
| Exhibit | P1 | A TRUE COPY OF THE NO-OBJECTION CERTIFI ISSUED TO THE PETITIONER BY THE DE DIRECTOR OF FISHERIES, PONNANI DATED, 1 2020 |
CATE PUTY 1-3- |
| Exhibit | P2 | A TRUE COPY OF THE REPORT OF THE TAHSIL NILAMBUR SUBMITTED TO THE 3RD RESPON DATED, 23-12-2020 |
DAR, DENT |
| Exhibit | P3 | A TRUE COPY OF THE NO-OBJECTION CERTIFI ISSUED BY THE 3RD RESPONDENT DATED, 1 2021 |
CATE 0-2- |
| Exhibit | P4 | A TRUE COPY OF THE ORDER ISSUED BY | THE |
| FIRST RESPONDENT AS NO. (MS)NO.109/2022/ID DATED, 5-2-2022 |
G.O. | ||
| Exhibit | P5 | A TRUE COPY OF THE ORDER PASSED BY FIRST RESPONDENT DATED, 20-5-2022 |
THE |
| Exhibit | P6 | A TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT DATED, 7-12-2022 |
4TH |
| Exhibit | P7 | TRUE COPY OF THE CHALAN RECEIPT SHOWING PAYMENT OF ROYALTY DATED, 11-3-2022 |
THE |
| SSK | //TRUE COPY// PA TO JUDGE |
2 issues framed by the court
Whether the 4th respondent must permit the petitioner to prepare the remaining part of the pond for pisciculture.
Whether the petitioner can obtain permission to remove clay for the pond formation under Rule 104 of the KMMC Rules.
1 provisions across 1 enactments
K.O. Thomas
The State of Kerala
The Director of Mining and Geology
The Revenue Divisional Officer Perinthalmanna
The Geologist
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
