Petitioner challenged illegal mining threatening his property. Court directed the Geologist to conduct a site visit within three weeks and the Village Officer to conclude proceedings within two weeks thereafter.
Direction to Geologist to visit site and report within 3 weeks; Direction to Village Officer to conclude proceedings within 2 weeks thereafter.
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 N.NAGARESH
TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
WP(C) NO. 3510 OF 2023
PETITIONER:
JABIR
AGED 50 YEARS, S/O. AHAMMEDKUTTY, AGED 50 YEARS,
KUNNATH HOUSE, CHAPPANANGADI P.O., MALAPPURAM DISTRICT,
PIN - 676503
BY ADV K.RAKESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, UP-HILL, MALAPPURAM, MALAPPURAM DISTRICT, PIN – 676 5052 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, KACHERIPPADI, MANJERI, MALAPPURAM DISTRICT, PIN – 6761213 THE VILLAGE OFFICER, PONMALA VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT, PIN – 676 5284 THE STATION HOUSE OFFICER, KOTTAKKAL POLICE STATION, KOTTAKKAL P.O., MALAPPURAM DISTRICT, PIN – 676 5035 MUHAMMED SIYAD, S/O. KUNHIMUHAMMED, PUTHENPEEDIYEKKAL HOUSE, CHAPPANANGADI, PONMALA VILLAGE, MALAPPURAM DISTRICT, PIN – 676503BY ADVS.
SRI.MOHAMMED SHAH SHAH
SRI.RENOY VINCENT(K/000580/2017)
SRI.SHAHIR SHOWKATH ALI(K/000584/2019)
SMT.SAROJINI - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) NO.3510 OF 2023
2
JUDGMENT
Dated this the 11th day of July, 2023
The petitioner, who is residing in House No.6/281 of Ponmala Grama Pachayat, is aggrieved by the illegal mining of laterite stone by the 5th respondent.
W.P(C) NO.3510 OF 2023
3
submitted that he is not resorting to any mining activities. The 5th respondent only wants to construct a building in the property and the excavation, if any, is for the limited purpose of facilitating the construction. The 5th respondent has obtained Ext.R5(a) Building Permit in this regard.
W.P(C) NO.3510 OF 2023
4
directed to conclude the proceedings expeditiously.
In the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent-Geologist to make a Site visit in respect of the property of the 5th respondent and draw a report regarding the excavation made by the 5th respondent. The Report shall be drawn within a period of three weeks. The 3rd respondent-Village Officer is directed to conclude the proceedings after obtaining a copy of
the report from the Geologist. This shall be done within a further period of two weeks.
Sd/-
N.NAGARESH JUDGE
ded
W.P(C) NO.3510 OF 2023
5
APPENDIX OF WP(C) 3510/2023
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE PHOTOGRAPHS SHOWING
ILLEGAL MINING
EXHIBIT P2A TRUE COPY OF THE RECEIPT EVIDENCING
SUBMISSION OF COMPLAINT BEFORE THE 1ST
RESPONDENT DATED 21-1-2023
EXHIBIT P3A TRUE COPY OF THE COMPLAINT DATED 21-
1-2023, SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
EXHIBIT P4A TRUE COPY OF THE COMPLAINT DATED 19-
1-2023, SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
EXHIBIT P5A TRUE COPY OF THE COMPLAINT DATED 19-
1-2023, SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT
EXHIBIT P6TRUE COPY OF THE STOP MEMO ISSUED BY
THE 3RD RESPONDENT DATED, 25-1-2023
RESPONDENT EXHIBITS
EXHIBIT R5(A)THE TRUE COPY OF THE BUILDING PERMIT
ISSUED BY THE SECRETARY, PONMALA GRAMA
PANCHAYATH DATED 19.01.2023
EXHIBIT R5(B)THE TRUE COPY OF THE REPLY SUBMITTED
BEFORE THE RESPONDENT NO.3 DATED
05.07.2023
2 issues framed by the court
Whether a Direction regarding a site visit by the Geologist and conclusion of proceedings by the Village Officer will suffice given the presence of a Building Permit.
How to resolve the alleged conflict between a Stop Memo under Minor Mineral Concession Rules and a Building Permit for construction.
JABIR
THE DISTRICT COLLECTOR, COLLECTORATE, UP-HILL, MALAPPURAM
THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY
THE VILLAGE OFFICER, PONMALA VILLAGE
THE STATION HOUSE OFFICER, KOTTAKKAL POLICE STATION
MUHAMMED SIYAD
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court