John Paul Naidil v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 15505 of 2015 (K) ---------------------------- PETITIONER(S):

-------------------------- JOHN PAUL NAIDIL, S/O.PAUL, IRUKKARAN HOUSE, KARUKUTTY P.O., CHALKUDY TALUK, THRISSUR DISTRICT.

BY ADV. SRI.O.D.SIVADAS.

RESPONDENT(S):

----------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -695 001.

2. THE DISTRICT COLLECTOR, THRISSUR -680 001.

3. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT- 680 001.

4. THE CIRCLE INSPECTOR OF POLICE, MALA POLICE STATION, MALA.

BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 15505 of 2015 (K) APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1. COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICER, KAKKULISSERY VILLAGE DATED 16/03/2015.

EXHIBIT P2. COPY OF THE BUILDING PERMIT DATED 16.03.2015. EXHIBIT P3. COPY OF THE NOTIFICATION DATED 30.06.2014 ISSUED BY THE GOVERNMENT.

EXHIBIT P4. COPY OF THE JUDGMENT DATED 30/03/2015 IN WP.(C) NO. 10208/2015.

EXHIBIT P5. COPY OF THE PROCEEDING DATED 13.05.2015 ISSUED BY THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 15505 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2015

J U D G M E N T

The only dispute raised in the above writ petition is with respect to Ext.P5 order having specified that the transport of ordinary earth shall be only for the purpose of Government Work. There could be no such prohibition made as per the Minor Mineral Concession Rules, 2015 (for short "MMC Rules" only) and Kerala Minerals (prevention of illegal mining, storage and transportation) Rules, 2015 (for short, Transportation Rules). Hence the said condition in Ext.P5 would stand revoked. In the circumstance of Ext.P5 having expired on 25.05.2015, the petitioner shall approach the authority for fresh sanction and when such sanction is issued, no such condition shall be incorporated. However, any royalty paid already shall be adjusted to the present sanction.

2. It is made clear that the Geologist, before issuing the passes, shall inspect the premises and shall only grant O(A) forms

WPC.No.15505/2015 : 2 :

for the quantity of ordinary earth stacked in the property and the O (A) forms should indicate the destination of the said product, before the same is signed by the Geologist. It is also made clear that the O(A) forms shall be issued for each vehicle showing the quantity that could be transported and also indicating the destination.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge