Jaisal Suneer vs the District Geologist

Jaisal Suneer vs The District Geologist

Type Court Judgment Court Kerala Decided Feb 29, 2024

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https://sooperkanoon.com/case/1294521

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Citation: sooperkanoon.com/1294521
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Feb 29, 2024
Case Number: WP(C)/19186/2022

Parties & Advocates

Appellant / Petitioner

Jaisal Suneer

Respondent

The District Geologist

Excerpt

.....authority whereby the quantity of earth to be removed is also mentioned therein.3. the learned counsel appearing for the local w.p.(c).no.19186 of 2022 3 authority would submit that they have issued exts.p1 to p3 permits.4. in view of the above facts and circumstance,i am inclined to dispose of the writ petition as follows: ext.p10 is set aside, with a consequential direction to the 1st respondent to reconsider the matter after affording an opportunity of being heard to the petitioner and after considering the documents exts.p1 to p3 and p11 submitted by the petitioner. the 4th respondent shall consider the withdrawal of the stop memo subject to the further orders to be passed as directed above by the 1 st respondent. a decision in this regard shall be taken by the 1st respondent within a period of one month from the date of receipt of a copy of thejudgment.sd/- viju abraham, judge pm w.p.(c).no.19186 of 2022 4 appendix of wp(c) 19186/2022 petitioner's exhibits exhibit p1 true copy of the building permit dated 26-11-2019 issued by the panchayat. exhibit p2 true copy of the development permit dated 07-02-2020 issued by the panchayat. exhibit p3 true copy of the revised building permit dated 04-02-2022 issued by the panchayat. exhibit p4 true copy of the go (ms) no. exhibit p5 true copy of the seizure mahasar dated 17-02-2022. exhibit p6 true copy of the stop memo dated 17- 02-2022 issued by the village officer urgattiri exhibit p7 true copy of the statement filed by the village officer in the wp (c) no. exhibit p8 true copy of the judgment dated 11-03- 2022 in w.p.(c). no. 5954/2022 on the files of this hon'ble court exhibit p9 true copy of the receipt for payment of compounding fee by the owner of the vehicle exhibit p10 true copy of the order of the 1st respondent dated 06-052022 (order no. exhibit p11 true copy of the development plan issued by the panchayath and submitted before the 1st respondent exhibit p12 the photographs showing old excavation.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 19186 OF 2022 PETITIONER: JAISAL SUNEER,AGED 70 YEARS, S/O ABDUL JABBAR, PARAMMAL HOUSE, MYTHRA P.O., URNGATTIRI VILLAGE, ERNAD TALUK, MALAPPURAM DISTRICT, PIN- 673 639 REPRESENTED BY POWER OF ATTORNEY HOLDER KORALIYADAN ABDUL JABBAR, AGED 70 YEARS, S/O HYDERMAN KUTTY, PARAMMAL HOUSE, MYTHRA P.O., URNGATTIRI VILLAGE ERNAD TALUK, MALAPPURAM DISTRICT, PIN- 673 639. BY ADVS. P.SAMSUDIN LIRA A.B. MILAN RACHEL MATHEW RESPONDENTS: 1 THE DISTRICT GEOLOGIST,OFFICE OF MINING AND GEOLOGY, MANJERI, MALAPPURAM DISTRICT, PIN- 676 121. 2 URNGATTIRI GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY, URNAGATTIRI P.O, AREKODE, MALAPPURAM DISTRICT, PIN- 673 639 3 THE SECRETARY,URNGATTIRI GRAMA PANCHAYATH, URNAGATTIRI P.O, AREKODE, MALAPPURAM DISTRICT, PIN- 673 639

4 THE VILLAGE OFFICER URGATTIRI,URGATTIRI P.O, AREKODE, MALAPPURAM DISTRICT, PIN- 673 639. BY ADVS. ADVOCATE GENERAL OFFICE KERALA T.H.ARAVIND OTHER PRESENT: SR.GP - JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.19186 of 2022 2

VIJU ABRAHAM,J ------------------- W.P.(C).No.19186 of 2022 --------------------------------------- Dated this the 29th day of February, 2024

JUDGMENT

Petitioner has approached this Court

challenging Ext.P6 stop memo and Ext.P10 order

whereby the petitioner was directed to remit royalty and fine alleging illegal extraction of mineral.

2. Petitioner submits that no reason is stated

in Ext.P6 for issuing a stop memo. Further, Ext.P10 order has been issued for stating that the petitioner could not produced any document to validate the removal of the earth from the subject property. Petitioner submits that he has been issued Ext.P1 building permit and Ext.P2 development permit and that by Ext.P3, permit already granted was extended for a further period. Petitioner also relies on Ext.P11 development plan issued by the local authority whereby the quantity of earth to be removed is also mentioned therein.

3. The learned counsel appearing for the local W.P.(C).No.19186 of 2022 3 authority would submit that they have issued Exts.P1 to P3 permits.

4. In view of the above facts and circumstance,

I am inclined to dispose of the writ petition as follows: Ext.P10 is set aside, with a consequential direction to the 1st respondent to reconsider the matter after affording an opportunity of being heard to the petitioner and after considering the documents Exts.P1 to P3 and P11 submitted by the petitioner. The 4th respondent shall consider the withdrawal of the stop memo subject to the further orders to be passed as directed above by the 1 st respondent. A decision in this regard shall be taken by the 1st respondent within a period of one month from the date of receipt of a copy of the

judgment.

sd/- VIJU ABRAHAM, JUDGE pm W.P.(C).No.19186 of 2022 4 APPENDIX OF WP(C) 19186/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING PERMIT DATED 26-11-2019 ISSUED BY THE PANCHAYAT. Exhibit P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 07-02-2020 ISSUED BY THE PANCHAYAT. Exhibit P3 TRUE COPY OF THE REVISED BUILDING PERMIT DATED 04-02-2022 ISSUED BY THE PANCHAYAT. Exhibit P4 TRUE COPY OF THE GO (MS) NO. Exhibit P5 TRUE COPY OF THE SEIZURE MAHASAR DATED 17-02-2022. Exhibit P6 TRUE COPY OF THE STOP MEMO DATED 17- 02-2022 ISSUED BY THE VILLAGE OFFICER URGATTIRI Exhibit P7 TRUE COPY OF THE STATEMENT FILED BY THE VILLAGE OFFICER IN THE WP (C) NO. Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 11-03- 2022 IN W.P.(C). NO. 5954/2022 ON THE FILES OF THIS HON'BLE COURT Exhibit P9 TRUE COPY OF THE RECEIPT FOR PAYMENT OF COMPOUNDING FEE BY THE OWNER OF THE VEHICLE Exhibit P10 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 06-052022 (ORDER NO. Exhibit P11 True copy of the development plan issued by the panchayath and submitted before the 1st respondent Exhibit P12 The photographs showing old excavation W.P.(C).No.19186 of 2022 5 of earth Exhibit-P13 TRUE COPY OF THE LETTER DATED 29-10- 2021 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT Exhibit-P14 TRUE COPY OF THE LETTER DATED 30-11- 2021 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Jaisal Suneer vs The District Geologist Same Judge Honourable Mr.Justice Viju Abraham