Kerala High Court
K.A. Sakhariya vs State Of Kerala on 25 October, 1994
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938
W.P.(C).No.22944 of 2016 (P)
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PETITIONER(S):-
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1. K.A. SakHARIYA, S/O.ABRAHAM, AGED 71 YEARS,
KAVANAL HOUSE, NAZRATHU HILL P.O.,
KURAVILANGADU, PIN - 686 633,
KOTTAYAM DISTRICT.
2. SATHEESH KUMAR K.G., S/O.GOPALAN,
KARIKKAMKUZHIYIL HOUSE,
VADAKKENIRAPPU P.O.,
NJEEZHOOR,PIN - 686 612, KOTTAYAM DISTRICT.
BY ADVS.SRI.P.M.NATESAN
SRI.P.N.SASIDHARAN.
RESPONDENT(S):-
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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
CHIEF SECRETARY, GOVT.SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2. DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM, PIN - 686 001.
3. GEOLOGIST, DEPARTMENT OF MINING,
GOVERNMENT OF KERALA,DISTRICT OFFICE, KOTTAYAM,
PIN - 686 001.
4. KURAVILANGAD GRAMAPANCHAYAT, REPRESENTED BY ITS SECRETARY,
KURAVILANGADU P.O., KOTTAYAM DISTRICT, PIN - 686 633.
5. SUB INSPECTOR OF POLICE, KURAVILANGAD POLICE STATION,
KURAVILANGAD P.O., KOTTAYAM DISTRICT, PIN - 686 633.
R1 TO R3 AND R5 BY SR.GOVT. PLEADER SRI.SURIN GEORGE IPE.
R4 BY ADV. SRI.SIJI ANTONY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22944 of 2016 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS:-
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P1 TRUE COPY OF THE SALE DEED BEARING NO.1193/1994
DATED 25.10.1994 OF SRO, KURAVILANGADU IN FAVOUR OF
1ST PETITIONER & HIS WIFE.
P2 TRUE COPY OF THE BUILDING PERMIT NO.A3-05/16/17
DATED 16.04.2016 ISSUED FROM KURAVILANGADU GRAMA
PANCHAYAT.
P3 TRUE COPY OF THE ORDER NO.254/2016-2017/1316/DOY/ML/2016
DATED 26.05.2016 ISSUED BY R3 IN FAVOUR OF THE
PETITIONER.
P4 TRUE COPY OF THE TRANSIT PASS ISSUED TO THE
1ST PETITIONER BY R3 ON THE BASIS OF EXT.P3
P5 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE
JCB BEARING NO.KL36/2864 OWNED BY THE 2ND PETITIONER.
P6 TRUE COPY OF THE MAHAZAR WITH COVERING LETTER ADDRESSED
TO R2, BY R5.
RESPONDENT(S)' EXHIBITS:-
------------------------- NIL.
Vku/- [ true copy ]
K. Vinod Chandran, J
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W.P.(C) No.22944 of 2016-P
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Dated this the 26th day of August, 2016
JUDGMENT
The 1st petitioner is the co-owner of a property, having an extent of 18.62 Ares, comprised in Survey No.54/6-8 of Kuravilangadu Village; which was purchased as per sale deed exhibited at Exhibit P1. The 1st petitioner, for the purpose of constructing a residential building, is said to have obtained a permit from the 4th respondent-Panchayat. The construction was of a building of 258.12 square metres. The 1st petitioner was, hence, exempted from obtaining any permit under the Kerala Minor Mineral Concession Rules, 2015 [for brevity "KMMC Rules"] by virtue of the proviso to sub-rule (2) of Rule 14.
2. However, considering the fact that an intimation has been given to the Geologist as per Rule 106 and for transportation there should be a permission obtained, the 1st petitioner approached the Geologist. The Geologist issued Exhibit P3, permitting the 1st petitioner to remove and transport 1500 metric tonnes of ordinary earth. The 1st petitioner while carrying on such activity, with a JCB, owned by the 2nd petitioner, was interdicted WP(C) No.22944 of 2016 - 2 - from such operation by the 5th respondent, Sub Inspector, alleging illegal quarrying. Despite Exhibit P3 order of the Geologist and Exhibit P4, Form O(A), also issued by the Geologist, being produced, the 5th respondent took the JCB into custody.
3. The learned Government Pleader, on instructions, submits that none of these documents were produced at the time of seizure.
4. The 1st petitioner having obtained a permission from the Geologist and also necessary forms for transportation, the seizure itself is found to be illegal. In such circumstance, the 5th respondent shall immediately release the vehicle seized, i.e., the JCB, to the 2nd petitioner, who is the registered owner of the vehicle. With respect to the further mining activities to be carried on, the 1st petitioner would be entitled to approach the Geologist and the Geologist will permit such activity only after verifying the property.
The writ petition is disposed of as above. No costs.
Sd/-
K.Vinod Chandran Judge.
Vku/-
[ true copy ]