Kerala High Court
Biju M.K vs State Of Kerala on 30 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:7547
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
WP(C) NO. 42345 OF 2024
PETITIONER:
BIJU M.K.,
AGED 49 YEARS, KARTHIKA GRANITE QUARRY,
KUTTIKKAD P.O., KADAKKAL, KOLLAM, PIN - 691 536.
BY ADVS.
SRI. PHILIP J.VETTICKATTU
SMT. NEENU BERNATH
SRI. SAJU S. DOMINIC
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE LAND REVENUE COMMISSIONER,
OFFICE OF THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM,
PIN - 695 033.
3 THE DISTRICT COLLECTOR,
KOLLAM, COLLECTORATE, KOLLAM, PIN - 691 001.
4 THE DIRECTOR,
MINING & GEOLOGY DIRECTORATE, KEAVADASAPURAM,
PATTOM PALACE P.O.,THIRVANANTHAPURAM,
PIN - 695 004.
5 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695 001.
WP(C) NO.42345 OF 2024
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2025:KER:7547
OTHER PRESENT:
SMT. DEVISHREE. GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.42345 OF 2024
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2025:KER:7547
T.R. RAVI, J.
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W.P.(C). No. 42345 of 2024
---------------------------------
Dated this the 30th day of January, 2025
JUDGMENT
The petitioner has been granted Ext.P1 No Objection Certificate (NOC) by the 3rd respondent for conducting quarrying operations in an extent of 1.1820 Hectares of poramboke land comprised in Re.Sy.No.432/4, Block No.50 of Kummil Village, Kottarakkara Taluk, on condition that he submits the environmental clearance within one year from the date of grant. His application for quarrying lease was pending consideration. The petitioner had submitted an application for extension of time for the production of the environmental clearance. The request is not being considered for the reason that there are amounts allegedly due from the petitioner. As far as the demand is concerned, by Ext.P19 interim order, this Court had already ordered that the demand shall be deferred pending consideration of W.P.(C) No.26189 of 2019. The petitioner hence submits that the alleged dues cannot be a reason for not considering the extension. WP(C) NO.42345 OF 2024 4 2025:KER:7547
2. Another request made by the petitioner is for an NOC for a small patch of Government land which is lying within the area which has already been granted with the NOC. On this aspect, the stand of the Government is that such lands can be allotted only on the basis of public auction. The petitioner points out that in cases where the Government land is available within the area permitted for quarrying, there cannot be an insistence for auction. A Division Bench of this Court had, in Ext.P23 judgment in similar circumstances, directed the Government to consider. The petitioner seeks a similar treatment.
In view of the order passed in W.P.(C) No.14565 of 2024 (Ext.P21) and Ext.P19 interim order, there will be a direction to the 1st respondent to consider Ext.P11 application submitted by the petitioner for extension of time for obtaining environmental clearance in the light of Ext.P21 order, without referring to the objections raised by the 2nd respondent in Ext.P20. There will be a further direction to the 1st respondent to consider Ext.P4 application for NOC with respect to the land comprised in Survey No.432/1 of block No.5 in the light of Ext.P23 judgment of this Court. There will be a direction to the 3 rd respondent to forward WP(C) NO.42345 OF 2024 5 2025:KER:7547 Exts.P11 and P4 to the 1st respondent for complying with the above directions within 10 days from the date of receipt of a copy of this judgment. Necessary orders shall be issued by the 1 st respondent within one month of the date of receipt of Exts.P11 and P4 from the 3rd respondent.
Sd/-
T.R. RAVI, JUDGE S.M.K. WP(C) NO.42345 OF 2024 6 2025:KER:7547 APPENDIX OF WP(C) 42345/2024 PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE NO OBJECTION CERTIFICATE BEARING NO.L1.58329/2005, DATED 28-2-2006 GRANTED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRY LEASE DATED 24- 3-2006 EXHIBIT P3 TRUE COPY OF THE NOC BEARING NO.L12- 52940/2017, DATED 2-2- 2018 EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25-6-2018 FOR NOC EXHIBIT P5. TRUE COPY OF THE NOC DATED 30-1-2019 FOR A TOTAL EXTENT OF 1.0557 HECTARES OF PURAMBOKE LAND COMPRISED IN RE.SY.NO.432/4 OF BLOCK NO.50 OF KUMMIL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 13-08-2019 SUBMITTED BY THE PETITIONER FOR QUARRY LEASE EXHIBIT P7. TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 25-5-2020 EXTENDING THE TIME LIMIT FOR PRODUCTION OF ENVIRONMENTAL CLEARANCE FOR A PERIOD UPTO 29-1-2021 EXHIBIT P8. TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 27-3-2023 EXTENDING THE TIME LIMIT FOR PRODUCTION OF ENVIRONMENTAL CLEARANCE EXHIBIT P9 TRUE COPY OF THE LETTER SUBMITTED BY THE 2 ND RESPONDENT DATED 27-10-2023 WP(C) NO.42345 OF 2024 7 2025:KER:7547 EXHIBIT P10. TRUE COPY OF THE LETTER ISSUED BY THE ADANI PORTS AND LOGISTICS DATED 7-2-2024 EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 15-3-2024 EXHIBIT P12 TRUE COPY OF THE RECEIPT DATED 15-3-2024 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT EXHIBIT P13. TRUE COPY OF THE CLARIFICATION DATED 24- 3-2024 SUBMITTED BY THE 3RD RESPONDENT TO THE 2 ND RESPONDENT EXHIBIT P14. TRUE COPY OF THE CLARIFICATION DATED 25- 5-2024 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P15. TRUE COPY OF THE CLARIFICATION DATED 29- 7-2024 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P16 TRUE COPY OF THE CLARIFICATION DATED 13- 8-2024 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P17. TRUE COPY OF THE AFFIDAVIT SWORN BY THE PETITIONER DATED NIL EXHIBIT P18. TRUE COPY OF THE DEMAND NOTICE DATED 24- 9-2019, ISSUED BY THE COMPETENT AUTHORITY EXHIBIT P19. TRUE COPY OF THE INTERIM ORDER DATED 1- 10-2019 IN W.P.(C) NO.26189/2019 EXHIBIT P20. TRUE COPY OF THE LETTER SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 26-10-2024 WHICH IS OBTAINED UNDER THE PROVISIONS OF RTI ACT, 2005 WP(C) NO.42345 OF 2024 8 2025:KER:7547 EXHIBIT P21. TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.14565/2024, DATED 12-6-2024 EXHIBIT P22 TRUE COPY OF THE NOC GRANTED BY THE 3RD RESPONDENT DATED 23-1-2024 TO ADANI VIZHINJAM PORT PVT. LTD.
EXHIBIT P23. TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.A.NO.424/2024 DATED 22-7-2024