Hilton Stones and Aggregates LLP v State of Kerala and The Tahsildar, Talappilly Taluk Office, Wadakkancherry, Thrissur District

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 12[TH] DAY OF SEPTEMBER 2023 / 21ST BHADRA, 1945 ``` ## **`WP(C) NO. 10346 OF 2023`** ## **`PETITIONER/S:`** ``` HILTON STONES AND AGGREGATES LLP AGED 50 YEARS 1/109A, THAYYIL HOUSE, VENGALLOOR P.O., REPRESENTED BY ITS DESIGNATED PARTNER, JOMON JACOB, AGED 50 YEARS, S/O JACOB, THAYYIL HOUSE, VENGALLOOR KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685608 BY ADVS. MANU VYASAN PETER P.B.KRISHNAN P.B.SUBRAMANYAN SABU GEORGE B.ANUSREE ABRAHAM BABU KALLIVAYALIL CHITHIRA VENUGOPAL ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2THE TAHSILDAR TALAPPILLY TALUK OFFICE, WADAKKANCHERRY, THRISSUR DISTRICT, PIN - 680623 ``` ## **`OTHER PRESENT:`** ``` SRI. ASWIN SETHUMADHAVAN-SR. GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 10346 OF 2023 ``` 2 ``` ## **`JUDGMENT`** Ext. P6 application of the petitioner for issuance of measurement sketch in respect of the property covered by Ext. P1 for commencement of quarrying operations has been rejected by the 2[nd] respondent vide Ext. P13 order stating that the predecessors of the petitioner are in possession of excess land than that is permissible under the Kerala Land Reforms Act, 1963. The petitioner has challenged Ext. P13 contending that holding excess land either by the petitioner or by the predecessors cannot be a reason to deny measurement sketch. It is further contended that pendency of the proceedings before the Taluk Land Board cannot be a reason for rejection of the measurement sketch. 2. A counter affidavit is filed on behalf of the 2[nd] WP(C) NO. 10346 OF 2023 ``` 3 ``` respondent stating that the previous land owners had possessed excess land as per the Kerala Land Reforms Act, 1963 and therefore, the application of the petitioner for measurement sketch cannot be granted during the pendency of the proceedings before the Taluk Land Board. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents. 4. The learned counsel for the petitioner relied on the decision in **Wayanad Granites v. District Collector [2023 (4) KLT 874]** wherein this Court has considered the question as to whether revenue certificates can be denied on the ground that the land in respect of which such certificates are sought form part of land exempted from land ceiling proceedings under the provisions of the Kerala Land Reforms Act, WP(C) NO. 10346 OF 2023 ``` 4 ``` 1963. This Court held that such certificates cannot be denied on the ground that the land in respect of which such certificates are sought form part of land exempted from land ceiling proceedings. The learned counsel also relied on the judgment of this Court dated **20.07.2023 in W.P.(c) No. 22695 of 2022.** He laid emphasis on paragraph 7 of the said judgment which reads as follows:- _“7. The facts are not in dispute. The dispute is only regarding the rights that are available to a deemed tenant under Section 7E of the KLR Act. In both cases, the request made by the petitioners is for issuing a survey plan regarding the properties belonging to them, with the counter signature of the Tahsildar, for the purpose of applying for a letter of intent for starting mining operations on the property. As submitted by the counsel for the petitioners, the revenue authorities are not the concerned authority to consider whether mining should be permitted in a land. A survey plan is only a revenue record issued for the purpose of identifying the land belonging to the applicant and does not serve any other purpose. The respondents are not entitled to thwart even the filing of an_ WP(C) NO. 10346 OF 2023 ``` 5 ``` _application for a letter of intent by refusing to grant the revenue certificates or survey plans. A landholder is entitled to be issued with such records on payment of the requisite fee. The revenue authorities cannot arrogate to themselves the powers vested in the authorities under the MMDR Act. The reasoning in Ext. P8 in W.P.(c) No. 22695/2022 and Ext. P9 in W.P.(c) No. 23121 of 2022 cannot hence be legally sustained.”_ In the light of the dictum laid down by this Court in the aforesaid judgments, Ext. P13 order cannot be sustained. Accordingly, the same is set aside. The 2[nd] respondent is directed to issue the measurement sketch duly countersigned within a period of one month from the date of receipt of a certified copy of this judgment. It is made clear that this Court has considered only the question of issuance of survey sketch and has not expressed any opinion on the question as to whether mining lease can be issued in respect of the land in question. This judgment will not WP(C) NO. 10346 OF 2023 ``` 6 ``` stand in the of the Taluk Land Board in way proceeding with the ceiling case pending before that authority, in accordance with law. ## The writ petition is disposed of. ## **`MURALI PURUSHOTHAMAN`** ``` JUDGE ``` bnu WP(C) NO. 10346 OF 2023 ``` 7 ``` ## **`APPENDIX`** ## `PETITIONER EXHIBITS` ``` Exhibit P1TRUE COPY OF THE SALE DEED NO. 1316/I/2020 DATED 27.11.2020 OF SRO CHELAKKARA Exhibit P2TRUE COPY OF THE BASIC TAX RECEIPT BEARING NO. KL08024300835/2021 DATED 15.06.2022 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR Exhibit P3TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR Exhibit P4TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR Exhibit P5TRUE COPY OF THE CERTIFICATE DATED 14.09.2021 ISSUED BY THE VILLAGE OFFICER, VENGANELLOOR Exhibit P6TRUE COPY OF THE APPLICATION DATED 05.07.2021SUBMITTEDBEFORETHE TAHSILDAR, THALAPPILLY Exhibit P7TRUE COPY OF THE JUDGMENT DATED 03.11.2022 IN W.P(C) NO. 20764 OF 2022 OF THIS HON'BLE COURT Exhibit P8TRUE COPY OF THE LETTER DATED 22.01.2022 ISSUED BY THE GEOLOGIST, THRISSUR Exhibit P9TRUE COPY OF THE REPLY LETTER DATED 08.11.2022 ISSUED BY THE TAHSILDAR (LAND RECORDS), THALAPPILLY Exhibit P10TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RTI ACT Exhibit P11TRUE COPY OF THE REPLY DATED 05.12.2022 ISSUED BY THE PUBLIC INFORMATION OFFICER, VENGANELLOOR Exhibit P12TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR, THALAPPILLY Exhibit P13TRUE COPY OF THE ORDER DATED 31.12.2022 ISSUED BY THE TAHSILDAR, THALAPPILLY TALUK ``` WP(C) NO. 10346 OF 2023 ``` 8 ``` ``` Exhibit P14True copy of the Circular bearing no. LBA - 3/5423/2021 dated 23.10.2021 issued by the Secretary, State Land Board ```