GOPAKUMAR K. S/O LATE KARUNAKARAN NAIR v. THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **THURSDAY, THE 31ST DAY OF JANUARY 2013/11TH MAGHA 1934** ## **WP(C).No. 10402 of 2012 (A)** **---------------------------** **PETITIONER :** **---------------------** **GOPAKUMAR K. S/O. LATE KARUNAKARAN NAIR, AGED 35 YEARS, RAMACHANDRAVILASAM, KIDANGUR SOUTH P.O, KOTTAYAM.** **BY ADVS.SRI.REJI GEORGE SRI.GOPAKUMAR G. (ALUVA)** **RESPONDENT : -----------------------** **THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM - 686001** **BY ADDL. ADVOCATE GENERAL SRI.K.A.JALEEL BY GOVT.PLEADER SMT. M.J. RAJASREE** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-01-2013, ALONG WITH WP(C) NO. 10404/2012 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Mn** **...2/-** ## **WP(C).No. 10402 of 2012 (A)** ## **APPENDIX** ## **PETITIONERS' EXHIBITS :** **EXT. P1 A TRUE COPY OF BASIC TAX RECEIPT NO. F 2351370 DATED 25-05-2011 ISSUED BY THE VILLAGE OFFICER, KIDANGOOR. EXT. P2 A TRUE COPY OF THE CONSENT LETTER DATED 15-07-2011 ISSUED TO THE PETITIONER BY SMT CHANDRIKA. EXT. P3 A TRUE COPY OF LETTER NO E10(1) 33695/11 DATED 26-03-2012 ISSUED BY THE DY. COLLECTOR (L.R), KOTTAYAM. EXT. P4 A TRUE COPY OF FIXED DEPOSIT CERTIFICATE NO. JJ 648439 DATED 26-03-2012 ISSUED BY THE TREASUY SAVINGS BANK, DISTRICT TREASURY, KOTTAYAM. EXT. P5 A TRUE COPY OF NO OBJECTION CERTIFICATE NO E10(1) 33695/11 DATED 12-04-2012 ISSUED BY THE DISTRICT COLLECTOR, KOTTAYAM. EXT. P6 A TRUE COPY OF THE TRIPLICATE OF CHELLAN DATED 17-04-2012 ISSUED BY THE STATE BANK OF TRAVANCORE, COLLECTORATE BRANCH, KOTTAYAM EXT. P7 A TRUE COPY OF ORDER NO E10(1) 14413/2012 DATED 20-04-2012 PASSED BY THE DISTRICT COLLECTOR, KOTTAYAM. EXT. P8 A TRUE COPY OF ORDER DATED 27-02-2012 PASSED BY THE HON'BLE SUPREME COURT IN SLP NOS. 19628-19629 OF 2009.** **RESPONDENTS' EXHIBITS : NIL** **//TRUE COPY//** **P.S. TO JUDGE** **Mn** ## **P.R. RAMACHANDRA MENON, J.** .............................................................................. ## **W.P. © No. 10402, 10404, 10623 AND 11095 OF 2012** ......................................................................... **Dated this the 31[st] January, 2013 ,** ## **J U D G M E N T** The common issue involved in all these cases is in respect of cancellation of 'NOC' issued by the District Collector, Kottayam for issuance of quarrying permit under the relevant provisions of the _Mines and Minerals (Development & Regulation) Act, 1957_ read with the _Kerala Minor Mineral Concession Rules 1967_ . The case of the petitioners is that on filing necessary applications and satisfying the requirements, the factual scenario was duly assessed by the competent authority/District Collector, who issued the necessary 'NOC' in favour of the petitioners, so as to enable them to procure the permit from the concerned Geologist. In the course of further proceedings, on a fine morning, the petitioners have been served with impugned orders whereby the District Collector has cancelled the NOC, referring to the verdict passed by the Apex Court in _**Deepak Kumar vs. State of Haryana (**_ **AIR 2012 SC 1386)** _**.**_ 2. Many a ground has been raised in the writ petitions **W.P. © No. 10402, 10404, 10623 AND 11095 OF 2012** **2** including that of denial of opportunity of hearing. 3. Heard the learned Counsel for the petitioners as well as the learned Government Pleader for the respondents. 4. The order passed by the District Collector refers to the flagrant misuse of 'NOC' procured by the concerned parties. On the basis of such 'NOC', excavation of much more quantity of minor mineral than the permitted quantity is being done, virtually affecting the _Eco System,_ unsettling the balance, and causing much environmental problems. The seriousness of the issue came to be considered by the Apex Court in the aforesaid decision and the verdict was passed on 27.02.2012. It was accordingly, that the matter was considered by the District Collector, who cancelled the NOC issued after the said date, also causing the permits issued after 27.02.2012 to be cancelled, which made the petitioners aggrieved. 5. During the pendency of the proceedings, it appears that the issue has been considered by the State, who has issued a recent Government Order, viz.,G.O.(MS)No.144/2012/ID dated 11.12.2012, a copy of which has been produced as Ext.P14 along **W.P. © No. 10402, 10404, 10623 AND 11095 OF 2012** **3** with I.A.No.1193 of 2013 in W.P.(C)No. 10623 of 2012 . As per the said Government Order (which also makes a reference to the verdict passed by the Apex Court as mentioned above), the Government has considered the following questions: _(1) Whether short term quarrying permit for a period of less than one year can be granted without obtaining environmental clearance stipulated in the order of the Supreme Court dated 27.02.2012, if the application is satisfactory in all other respects._ _(2) What are the conditions/circumstances that invite environmental clearance in the case of issuance of short term quarrying permit for minor minerals?._ The operative portion of the above Government Order is extracted below :(paragraphs 3 and 4) _“The matter has been examined in consultation with the Law Department. The legal opinion received is that short term temporary permits can be granted to_ **W.P. © No. 10402, 10404, 10623 AND 11095 OF 2012** **4** _those persons who are eligible if all other legal requirements for doing mining operations are complied with. It is therefore clarified that short term permits can be granted in respect of minor minerals in private holding which are not on leases on Government lands subject to satisfaction of the various requirements specified under the Kerala Minor Mineral Concessions Rules 1967._ _4. This order will be subject to further orders, if any, that would be passed by the Supreme Court of India on the clarification petition proposed to be moved by the Government of Kerala in the Supreme Court on the order dated 27/02/2012 in SLP(C)No.19628/2009.”_ 6. The prayer of the petitioners in the above circumstances, is to cause their applications for renewal/granting of the permit to be considered in the light of Ext.P14 Government Order, as aforesaid, for such permissible tenure, subject to appropriate conditions. 7. The learned Government Pleader appearing for the **5** ## **W.P. © No. 10402, 10404, 10623 AND 11095 OF 2012** concerned respondents submits that, it has to be ascertained whether the petitioners come within the purview of the Government Order so as to enable them to have the permit renewed/granted and it is also necessary to ascertain whether they have pursued any unlawful quarrying operation misusing the permit already granted earlier. Probable circumstances have already been taken note of by the District Collector in the impugned order. It has also to be ascertained whether excess quantity has been excavated from the properties concerned, submits the learned Government Pleader. 8. After hearing both the sides, this Court finds that the matter has to be considered by the competent authority, who issued the NOC and also by the concerned authority, who has to grant necessary short term permit in tune with the norms/terms of Ext.P14 Government Order dated 11.12.2012. In the above circumstances, the petitioners are set at liberty to approach the District Collector, Kottayam for fresh NOC , if they are eligible to have the same in tune with Ext.P14 Government Order dated 11.12.2012. On substantiating the credentials, the **6** ## **W.P. © No. 10402, 10404, 10623 AND 11095 OF 2012** matter shall be considered and appropriate orders shall be passed by the District Collector, Kottayam, at the earliest, at any rate, within 'six' weeks from the date of filing of such proceedings. The writ petitions are disposed of. ## **P.R.RAMACHANDRA MENON JUDGE** lk