Kerala High Court
Komalam vs The District Geologist on 14 December, 2015
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 22ND DAY OF JUNE 2016/1ST ASHADHA, 1938
WP(C).No. 20819 of 2016 (B)
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PETITIONER(S):
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KOMALAM, AGED 48 YEARS,
W/O.RAMANKUTTY, PADINJARE VEEDU,
NOCHUKULAM, CHITTILANCHERY, PALAKKAD DISTRICT.
BY ADVS.SRI.BABU S. NAIR
SMT.SMITHA BABU
RESPONDENT(S):
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1. THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
PALAKKAD 678 001.
2. THE GEOLOGIST,
KERALA MINERAL SQUAD,
DEPARTMENT OF MINING AND GEOLOGY, CENTRAL REGION,
THRISSUR 680 001.
BY SENIOR GOVERNMENT PLEADER SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-06-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 20819 of 2016 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: TRUE COPY OF THE LICENCE ISSUED FOR THE STORAGE AND SALE OF
CLAY BRICKS ISSUED BY THE NEMMARA GRAMA PANCHAYATH DATED
14-12-2015.
P2: TRUE COPY OF THE RECEIPT SHOWING THE REMITTANCE OF RS.1,45,000/-
BY THE PETITIONER DATED 15-6-2015.
P3: TURE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF
KERALA AS GO(P)NO.175/2015/ID DATED 22-12-2015.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. VINOD CHANDRAN, J.
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W.P(C). No.20819 of 2016-B
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Dated this the 22nd day of June, 2016
JUDGMENT
The petitioner is aggrieved with the fact that despite penalty being imposed for unauthorised extraction of clay, the respondents are prohibiting the sale of the bricks manufactured from such extraction. Since the penalty of double the royalty as prescribed under the Kerala Minor Mineral Concession Rules, 2015 [for brevity, the Rules of 2015] has been paid, there can be no interdiction from selling the bricks as such. The disposal of bricks will not affect the prosecution, W.P(C). No.20819 of 2016-B 2 since the offence is admittedly payment of penalty.
2. The learned Government Pleader submits that, extraction was made without a quarrying permit, in which event the petitioner could be prosecuted under the Mines and Minerals (Development and Regulations) Act, 1957 and the Kerala Minor Mineral Concession Rules, 2015. However, if any prosecution is initiated, the respondents shall be free to continue that. Without prejudice to such proceedings, the petitioner shall be permitted to sell the products, which the petitioner has manufactured from the clay extracted, for which he has paid penalty as per Ext.P2. The petitioner, if approaching the 1st respondent for a transit pass under the Kerala Minerals [Prevention of Illegal Mining, Storage and Transportation] W.P(C). No.20819 of 2016-B 3 Rules, 2015 along with the document evidencing imposition and payment of penalty, then the 1st respondent shall process the same in accordance with law within a period of two weeks from the date of receipt of the application, if necessary, after physical inspection of the site.
The writ petition is disposed of. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE.
//True Copy// P.A. to Judge.
sp/22/06/16