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High Court of KeralaWP(C)/37137/2015disposed of

Beerankutty v. The District Geologist, Palakkad

2015-12-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 WP(C).No. 37137 of 2015 (N) ---------------------------- PETITIONER :

---------------------- BEERANKUTTY SON OF KUNJI MOHAMMED, AGED 68 YEARS RESIDING AT THATTAPARAMBIL HOUSE MOOTHUR P.O., VATTAMKULAM VILLAGE, THIRUR TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S) :

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

1. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT -679 579.

2. THE DIRECTOR MINING AND GEOLOGY OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM PATTAM, THIRUVANANTHAPURAM-695 001.

3. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHPAURAM-695 001. R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 37137 of 2015 (N) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1.

TRUE COPY OF THE TAX RECEIPTS OF PROPERTY DATED 26/11/2015 ISSUED BY THE VILLAGE OFFICER, KAPPUR.

EXT.P2.

TRUE PHOTOGRAPHS OF SAID WASTE OF LATERITE STONE (LATERITE EARTH) KEEPING IN THE PREMISES.

EXT.P3.

TRUE COPY OF THE APPLICATION DATED 14/11/2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 37137 of 2015 ================== Dated this the 8th day of December, 2015

J U D G M E N T

The petitioner is the owner of the property comprised in survey No.98/1A and 1B of Kappoor village, Palakkad. He purchased the property in the year 2008. The petitioner submits that even before the purchase his predecessor removed the laterite building stone from the land. It is submitted that after removal of the same waste of laterite stone in the form of laterite earth is keeping in the premises. Therefore he approached the Geologist to issue necessary O.A Form to transport the above minor mineral. Ext.P3 is the application.

2.

This Court is of the view that the Geologist shall conduct a site inspection to find out whether these waste of building stone was removed prior to introduction to the Schedule of Kerala Minor Mineral Concession Rules. If it was removed much before the introduction to the Rule, necessarily O.A Form shall be issued to the petitioner without collecting royalty. However it was removed only

W.P.(C).No. 37137 of 2015 - : 2 :- after the introduction to the schedule, the Geologist shall issue O.A Form after collecting royalty. Needful shall be done within a period of four weeks from the date of receipt of the copy of this judgment. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE