← Library
High Court of KeralaWP(C)/37147/2015disposed of

Radhakrishnan v. The District Geologist

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. 37147 of 2015 (P) ---------------------------- PETITIONER :

---------------------- RADHAKRISHNAN SON OF MADHAVAN NAIR, AGED 46 YEARS RESIDING AT MATHOOR VALAPPIL VATTAMKULAM, EDAPPAL DESOM, PONNANI TALUK MALAPPURAM DISTRICT.

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

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

1. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY PALAKKAD DISTRICT-680 001.

2. THE DIRECTOR MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001.

3. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 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. 37147 of 2015 (P) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, CHALISSERY VILLAGE DATED 28.10.2014.

EXHIBIT-P2:

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

EXHIBIT-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. 37147 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 having an extent of 112.51 Ares comprising 61.72 Ares in survey No.36/1B1 and 50.79 Ares in survey No.36/1B2 in survey No.98/1A and 1B of Chalissery village, Ottappalam Taluk, Palakkad district. He purchased the property in the year 2011. 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

W.P.(C).No. 37147 of 2015 - : 2 :- 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 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