Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 WP(C) NO. 16751 OF 2021 PETITIONER: ABU THAHIR P.K, AGED 37 YEARS S/O.KUNHALIKUTTY, PANDIKADAVATH HOUSE, OORAKAM MELMURI P.O., MALAPPURAM DISTRICT. BY ADVS. BABU S. NAIR S.K.SAJU RESPONDENTS: 1 THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN-676121. 2 THE TAHSILDAR, TALUK OFFICE, KONDOTTY, MALAPPURAM DISTRICT, PIN-673638. 3 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, DIVISIONAL OFFICE, MANJERI, MALAPPURAM DISTRICT, PIN-676121. BY SR.GP DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024, ALONG WITH WP(C).8987/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: & 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 WP(C) NO. 8987 OF 2024 PETITIONER: ABDU RAZAK,AGED 39 YEARS S/O. SAIDALAVI, THATTALUNGAL HOUSE, OORAKAM MELMURI P.O, KARATHODU MALAPPURAM, PIN - 676519 BY ADV S.K.SAJU RESPONDENTS: 1 THE DIRECTOR DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004 2 THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, MINI CIVIL STATION, MANJERI, PIN - 676121 BY SR.GP DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024, ALONG WITH WP(C).16751/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: & 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 WP(C) NO. 9087 OF 2024 PETITIONER: MANSOORALI, AGED 50 YEARS S/O. KUNHIMOIDEEN, THYTHODUVIL HOUSE, OORAKAM, MELMURI P.O, KOTTUMALA, MALAPPURAM,, PIN - 676519 BY ADV S.K.SAJU RESPONDENTS: 1 THE DIRECTOR DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004 2 THE GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT, MINI CIVIL STATION, MANJERI, PIN - 676121 BY SR.GP DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.04.2024, ALONG WITH WP(C).16751/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: & 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 WP(C) NO. 11591 OF 2024 PETITIONER: ABU TAHIR, AGED 40 YEARS S/O.P.K. KUNHALIKUTTY, PANDIKKADAVATH HOUSE, KARATHODU, OORAKAM-MELMURI P.O., MALAPPURAM DISTRICT, PIN - 676519 BY ADVS. BABU S. NAIR SMITHA BABU RESPONDENTS:
1 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN - 676121 2 THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, KERALA, (SEIAAK) REPRESENTED BY ITS MEMBER SECRETARY, 4TH FLOOR, KSRTC BUS TERMINAL COMPLEX, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695001 SR.GP DEEPA NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.04.2024, ALONG WITH WP(C).16751/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: & 5
VIJU ABRAHAM, J.
................................................................. & ................................................................. Dated this the 25th day of April, 2024
JUDGMENT
W.P.(C) No.16751 of 2021 is filed seeking a direction to the 1 st respondent not to finalize the proceedings pursuant to Ext.P10 notice until and unless the wastage in the quarry is measured by the respondents. W.P.
(C) No.11591 of 2024 is filed by the petitioner in W.P.(C) No.16751 of 2021
seeking a direction to the 1st respondent to issue quarrying permit. W.P.(C) No.8987 of 2024 is filed seeking a direction to the 2 nd respondent to consider Ext.P1 application for grant of a quarrying lease. W.P.(C) No.9087 of 2024 is filed seeking a direction to the 2nd respondent to consider and pass orders on Exts.P1 and P2 applications for issuance of a quarrying lease.
2. The contention of the petitioner in W.P.(C) No.16751 of 2021 is that
he has been issued with Ext.P1 environmental clearance and Ext.P2 quarrying permit and has been extracting laterite building stone. While so, Ext.P3 show-cause notice was issued alleging that there is illegal extraction of laterite stone to which Ext.P4 reply was submitted by the petitioner mainly contending that since laterite building stones are being extracted
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and since the quality of the stones in the land was so poor so that 70% of the stones could not be extracted and the wastage is still there near the quarry itself and if that wastage is measured, it could be seen that the petitioner has extracted much less than the permitted quantity. Without considering the contentions taken in Ext.P4 reply and without conducting an inspection, Ext.P5 order was passed consequent to which Ext.P6 demand was raised. Challenging the same petitioner has preferred Ext.P7 appeal before the Government and pursuant to the direction issued by this Court in Ext.P8 judgment, the appeal was considered and allowed and the matter was remitted back to the 1 st respondent for re-consideration as per Ext.P9 order. After the matter was remitted back Ext.P10 notice dated 29.04.2021 was issued to the petitioner informing that an inspection is being conducted in the property. At the time of inspection of the property by the 1 st respondent, the petitioner has specifically requested the 1 st respondent to measure the wastage soil collected in the quarry so as to find out the actual wastage, but he refused to do so. Thereupon petitioner has submitted Ext.P11 request in this regard. Therefore seeking a direction not to finalize the proceedings pursuant to Ext.P10 notice till the request made by the petitioner to measure the wastage in the quarry that the present writ petition has been filed.
3. A detailed a statement has been filed by the 1st respondent wherein it is contended that in W.P.(C) No.282 of 2021, which was disposed of as per & 7
Ext.P8 judgment, an interim order was passed by this Court wherein there is a direction issued to the Geologist to hear the petitioner and then to pass final orders in the matter, but the petitioner did not appear before him nor submitted any statement or objection and thereupon the office resumed the proceedings against the petitioner and informed him that his application for renewal of quarrying permit cannot be considered and the environmental clearance issued to the site would stand cancelled. Thereafter as per Ext.P8 judgment Ext.P7 appeal filed by the petitioner against Ext.P6 demand was directed to be disposed of. The Government as per Ext.P9
order directed the 1st respondent to inspect the site afresh and assess the
quantity of laterite building stones and thereupon the 1 st respondent’s office inspected the site in the presence of the petitioner on 01.07.2021 after issuing prior notice to him on 03.06.2021. In the inspection it was revealed that the petitioner had proceeded with the illegal mining during the above period in several areas and the depth of mining was 8.1 metres where it was only 7 metres during the period of previous inspection. After the said inspection a fresh notice dated 22.07.2021 was issued to the petitioner as Annexure-R1(a). It is contended that the petitioner wilfully did not produce Annexure-R1(a) notice along with the writ petition though Ext.P11 objection was preferred against the same.
4. In respect of W.P.(C) Nos.8987 of 2024 and 9087 of 2024 it is the contention of the Geologist that the applied area was found to be under the & 8
possession of Smt.Souda and Abu Thahir (who is the petitioner in W.P.(C) Nos.16751 of 2021 and 11591 of 2024) and that since an amount of Rs.27 lakhs is due to the Government from one of the land owners in the present application submitted by the petitioner, the Geologist has not forwarded the application to the Director of Mining and Geology for grant of quarrying lease. It is also submitted that further action on the application will be initiated if the land owner Sri.Abu Thahir remits the amount due to the Government towards illegal extraction of laterite building stones.
5. The learned Government Pleader relying on Rule 51(2) of the Kerala
Minor Mineral Concession Rules, 2015 (in short,”Rules 2015”) submits that in any case or class of cases, where any amount is due to Government from any person/firm/association/company on account of mining of minor minerals from any land, no mineral concession under these Rules shall be granted/renewed in the said land to any person/firm/company/association and no mineral concession under these Rules shall be granted/renewed to such person/firm/company/association in any land in the State unless all dues are cleared.
6. I have heard the rival contentions of both sides.
7. The specific contention raised by the petitioner in W.P.(C) No.16751
of 2021 is to issue a direction to the 1 st respondent not to finalise Ext.P10 till the measurement is taken regarding wastage in the quarry. Though the counter affidavit would reveal that pursuant to the interim order in W.P.(C) & 9 No.282 of 2021 the petitioner was directed to appear before the 1 st respondent and after adverting to his objection the 1 st respondent was directed to pass final orders in the matter, the petitioner did not appear.
Thereafter pursuant to the direction issued by this Court in Ext.P8 judgment
Ext.P7 appeal filed by the petitioner was directed to be considered and the Government by Ext.P9 order set aside the demand and directed to reconsider the matter. Thereafter on 01.07.2021 the site was inspected and found that there was illegal mining after the previous inspection also. Thereupon Annexure-R1(a) notice was also issued to the petitioner which is not challenged in these writ petitions. It is also to be seen that in respect of other writ petitions, a part of the property is owned by the petitioner in W.P.
(C) No.16751 of 2021 and going by Rule 51(2) of the Rules 2015 when any
amount is due to Government from any person on account of mining of minor minerals from any land, no minor mineral concession shall be granted or renewed until and unless all dues are cleared. The petitioner relies on Ext.P6 judgment produced in W.P.(C) No.11591 of 2024 wherein this Court has held that the pendency of any proceedings relating to a demand made against the petitioner in respect of another quarry cannot be a reason for non-consideration of the application of the petitioner for another quarrying permit. It is to be noted that the said judgment was delivered on 13.07.2022 and subsequent to the same Rule 51 of the Rules 2015 has been amended as per G.O(P) No.38/2023(ID) dated 31.03.2023 wherein there is an
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interdiction regarding grant or renewal of any mineral concession if there are dues in respect of any land in the State unless all dues are cleared. In view of the specific condition in Rule 51(2) of the Rules 2015, I am of the view that if amounts are due, no mineral concession can be granted. Therefore Ext.P6 judgment produced in W.P.(C) No.11591 of 2024 cannot be applied in the facts and circumstances of the case.
8. Pursuant to the direction issued in Ext.P9 the site was again
inspected by the Geologist on 01.07.2021 with due notice to the petitioner dated 03.06.2021. A perusal of Ext.P11 would reveal that though objection was filed to the notice dated 22.07.2021 which is produced as Annexure- R1(a), in view of the interim order granted in W.P.(C) No.16751 of 2021 no further proceedings in the matter has been initiated. It could be seen that in spite of knowledge of issuance of Annexure-R1(a) the petitioner has not chosen to produce the same along with the writ petition and challenge the same. In view of the above facts and circumstances, the above writ petitions are disposed of as follows:
The 1st respondent shall finalise Annexure-R1(a) proceedings with
due notice to the petitioner in W.P(C) No.16751 of 2021 after taking into consideration Ext.P11 objection submitted by the petitioner and the contention that a proper measurement of the wastage in the quarry is necessary for a proper adjudication. The said proceedings shall be finalised with notice to the petitioner within a period of one month from the date of
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receipt of a copy of the judgment. Subject to the outcome of the said proceedings as directed above, the request of the petitioners in W.P.(C) Nos.8987 of 2024, 9087 of 2024 and 11591 of 2024 shall be considered and disposed of within a further period of one month thereafter, with due notice to the petitioners therein.
Sd/- VIJU ABRAHAM JUDGE cks & 12 APPENDIX OF WP(C) 16751/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.59/L/2020 DATED 28.04.2020. Exhibit P2 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE FIRST RESPONDENT DATED, 03.06.2020. Exhibit P3 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT DATED, 21.12.2000. Exhibit P4 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED, 28.12.2020. Exhibit P5 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 13.01.2021 AS NO.178/2020-21/LS/DOM/M-2413/2019. Exhibit P6 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE FIRST RESPONDENT DATED, 06.01.2021, DEMANDING AN AMOUNT OF RS.19,97,800/- Exhibit P7 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF INDUSTRIES, DATED 02.02.2021. Exhibit P8 TRUE COPY OF THE JUDGMENT DATED, 04.02.2021 IN W.P(C)NO.282/2021 OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE
JOINT SECRETARY OF THE GOVERNMENT,
DEPARTMENT OF INDUSTRIES DATED24.03.2021. Exhibit P10 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT DATED, 29.04.2021. Exhibit P11 TRUE COPY OF THE WRITTEN REQUEST AND & 13 OBJECTIONS GIVEN BY THE PETITIONER TO THE FIRST RESPONDENT DATED, 02.08.2021. RESPONDENT ANNEXURES
ANNEXURE R1(a) : TRUE COPY OF THE NOTICE DATED 22/07/2021
ANNEXURE R1(b) : TRUE COPY OF THE MAHAZAR DATED
& 14APPENDIX OF WP(C) 8987/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION ALONG WITH CHALAN RECEIPT DATED 22.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT & 15 APPENDIX OF WP(C) 9087/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION ALONG WITH CHALAN NO. KL006084305202223M DATED 30.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE APPLICATION ALONG WITH CHALAN NO. KL006084280202223M DATED 30.05.2022 WITH RESPECT TO THE PROPERTY HAVING AN EXTENT OF OF 3.3773 HECTOR SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT & 16
APPENDIX OF WP(C) 11591/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER OF INTEND ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED, 18-7-2022 Exhibit P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.118/L/2023 OF THE 2ND RESPONDENT DATED, 6-8-2023 Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED, 20-11-2023 Exhibit P4 A TRUE COPY OF THE ORDER IN W.P. (C)NO.16751/2021 DATED, 13-8-2021 OF THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT IN RESPECT OF ANOTHER QUARRY, DATED, 29-6-2022 Exhibit P6 A TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.21693/2022 DATED, 13-7-2022 OF THIS HON'BLE COURT