Sanil P.M. v. The District Collector, Collectorate, Kuyilimal, Painavu, IDUKKI; The Tahsildar, Thodupuzha Taluk Office, Thodupuzha, IDUKKI; The Village Officer, Karikode Village Office, Edavetty, Thodupuzha, IDUKKI

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 18[TH] DAY OF AUGUST 2023 / 27TH SRAVANA, 1945** **WP(C) NO.7446 OF 2023** ## **- PETITIONER :** SANIL.P.M., AGED 39 YEARS S/O.KHADER MOIDEEN, PAREKATTIL HOUSE, EZHUMUTTAM.P.O, CHALASSERRY, THODUPUZHA, IDUKKI, PIN – 685 605. BY ADV JOBI JOSE KONDODY ## **- RESPONDENTS :** 1 THE DISTRICT COLLECTOR, COLLECTORATE, KUYILIMALA.P.O, PAINAVU, IDUKKI, PIN – 685 603. 2 THE TAHSILDAR, THODUPUZHA TALUK OFFICE, THODUPUZHA (PO), IDUKKI DISTRICT, PIN – 685 584. 3 THE VILLAGE OFFICER, KARIKODE VILLAGE OFFICE, EDAVETTY.P.O, THODUPUZHA, IDUKKI, PIN – 685 588. SRI.ASWIN SETHUMADAVAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.7.2023, THE COURT ON 18.8.2023 DELIVERED THE FOLLOWING: WP(C) NO.7446 OF 2023 -: 2 :- ## **JUDGMENT** ## **Dated this the 18th day of August, 2023** ## This writ petition is filed seeking the following reliefs :- - “(i) Issue a writ of mandamus directing the 1[st] respondent to issue no objection certificate to the petitioner under Rule 4(2)(d) of the Kerala Minor Mineral Concession Rules, 2015 based on Exhibit P6 report of the 3[rd] respondent and Exhibit P7 sketch issued by the 2[nd] respondent. - (ii) Issue a writ of mandamus directing the 1[st] respondent to pass orders on Exhibit P3 application and finalize the same without adhering to the guidelines prescribed in G.O.(MS)No.28/2021/RD dated 28.01.2021 issued by the government with regard to the issuance of no objection certificate in government puramboke land for obtaining quarrying permit/quarrying lease under the provisions of the Kerala Minor Mineral Concession Rules, 2015.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. It is contended by the learned counsel for the petitioner that the petitioner had submitted an application for a No Objection Certificate (NOC) for establishing a quarry in Government Puramboke land under Section 4(2)(d) of the Kerala Minor Mineral Concession Rules, 2015 (for short, 'the WP(C) NO.7446 OF 2023 -: 3 :- KMMC Rules). The application which is produced as Ext.P3 is dated 8.11.2018. The request was sent for enquiry to the 2[nd] respondent on 26.11.2018. Ext.P4 is the guidelines dated 21.2.2018 governing the consideration of applications for NOC which were in force at the relevant time. In accordance with Ext.P4 guidelines, the 3[rd] respondent was directed to carry out an enquiry. The 3[rd] respondent carried out the enquiry and submitted Ext.P6 report dated 30.11.2018 stating that the petitioner is eligible for the issuance of a No Objection Certificate. Ext.P7 sketch was also prepared on 22.12.2018 by the Taluk Surveyor and the reports as well as the sketch were placed before the 1[st] respondent recommending the issuance of the NOC. However the application was kept pending without finalising the same. In the meantime, new guidelines were promulgated as per G.O.(MS)No.28/2021/RD dated 28.1.2021. 4. It is contended by the learned counsel for the petitioner that the new guidelines have not been implemented till date and this Court, in several judgments, has directed the consideration of the applications already submitted and pending orders in accordance with the pre-existing guidelines. WP(C) NO.7446 OF 2023 -: 4 :- Ext.P9 which is purported to be one such judgment is also produced and relied upon. 5. A counter affidavit has been placed on record by the 1[st] respondent stating that the petitioner had submitted Ext.P3 application for NOC for quarrying lease in 0.1413 Hectares of Government land in Survey No.256/12 of Karikodu Village in Thodupuzha Taluk. It is stated that on receipt of the application, the same was forwarded to the Tahsildar, Thodupuzha Taluk and the District Geologist. The Tahsildar had submitted a report on 2.12.2018. The report of the District Geologist was submitted before the 1[st] respondent on 24.12.2019. It is submitted that the Government of Kerala vide letter dated 18.1.2020 had directed that the Government is preparing guidelines for issuing NOC for mining in Government Purambokes and as such, until the same is issued District Collectors shall not issue NOCs for quarrying on Government lands. Thereafter, the Government issued Ext.R1(a) guidelines dated 28.1.2021 which is admitted in the writ petition. It is stated that no individual can claim any right to conduct quarry in Government Puramboke. It is stated that WP(C) NO.7446 OF 2023 -: 5 :- this aspect has been specifically held by the Apex Court in **Monnet Ispat and Energy Ltd.** v. **Union of India and others** [2012 KHC 4401 : (2012) 11 SCC 1]. It is submitted that the petitioner has no right to insist that he shall be granted an NOC for quarrying in Government land and that such quarrying is subject to specific permissions from the revenue authorities as provided in the Mines and Minerals (Development and Regulation) Act, 1957 and KMMC Rules, 2015. It is submitted that there is every power in the Government to issue guidelines restricting the restricting the use of Government Puramboke land, the title of which is absolutely vested with the Government. It is further submitted that Ext.R1(a) guidelines were issued in pursuance of judgment dated 24.1.2020 in W.P.(C) No.20464/2019 and that the said guidelines or the circular dated 18.1.2020 have not been subjected to any challenge in the writ petition. It is further contended that it was only in view of the fact that this Court found that there was undue delay on the part of the District Collector in considering an application for NOC after all the formalities had been complied with and even in spite of a WP(C) NO.7446 OF 2023 -: 6 :- direction of this Court to consider the application that Ext.P9 judgment had been rendered. It is further contended that though the application was submitted by the petitioner by Ext.P3, the submission of the application by itself will not confer any right on the petitioner to contend that he is entitled for the issuance of the NOC. 6. The learned Government Pleader also placed reliance on a judgment of this Court dated 9.3.2023 in W.P.(C) No.15541/2022, where an identical request was rejected on the ground that the application had not been acted upon till the issuance of the Government Order in 2021. 7. I have considered the contentions advanced on either side. I notice that though the application of the petitioner is seen dated 8.11.2018, it appears that the required reports including the report of the Geologist had been made available before the District Collector only in December, 2019. This aspect is not disputed by the petitioner. On 18.1.2020, a Government letter had been issued directing the respondents not to proceed with the consideration of applications for NOCs for quarrying from Government lands since the guidelines for WP(C) NO.7446 OF 2023 -: 7 :- such quarrying operations in accordance with the judgment of this Court in W.P.(C) No.20464/2019 are in the process of preparation. Therefore, nothing further was done on the petitioner's application. Though it is contended that the petitioner had preferred Ext.P8 reminder on 6.1.2020, no further steps were taken before the Government Order dated 28.1.2021 was passed prescribing the fresh guidelines. 8. The learned counsel for the petitioner would contend that the Division Bench of this Court in **Kallada Hotels and Resorts** v. **State of Kerala** [2012 (2) KLT 167] and in **Hotel Hills Park** v. **State of Kerala** [2014 (2) KLT 15] had held that the respondents who have delayed consideration of an application cannot later rely on change in procedure to contend that the application is not liable to be considered in accordance with the procedure in force when the application was submitted. 9. In the instant case, it is the specific case of the respondents in the counter affidavit that it was only in December, 2019 that the reports necessary for the consideration of the application submitted by the petitioner WP(C) NO.7446 OF 2023 -: 8 :- was received by the 1[st] respondent. It is further contended that by Government letter dated 18.1.2020, all District Collectors were required not to proceed with the consideration of the applications for NOCs for quarrying leases on Government land in view of the fact that fresh guidelines were under preparation by the Government. The guidelines were issued on 21.1.2021. Neither the Government letter dated 18.1.2020 nor the guidelines of the year 2021 are under challenge in this writ petition. The only contention raised is that the application submitted by the petitioner for NOC is liable to be considered in accordance with the pre-existing guidelines. 10. Having considered the contentions advanced, I notice that the petitioner has not been able to establish that there has been any undue delay on the part of the 1[st] respondent in considering the application submitted by the petitioner. It is on record that the report of the Geologist was made available only in December, 2019. The Government letter dated 18.1.2020 interdicted the consideration of fresh and pending applications. Therefore, by the time the required WP(C) NO.7446 OF 2023 -: 9 :- reports were received and the application could have been take up for consideration, the Government letter dated 18.1.2020 was on record. In the above view of the matter, I am of the opinion that the contention of the petitioner that it was only due to the undue delay on the part of the 1[st] respondent in considering the application that the petitioner's application could not be considered in accordance with Ext.P4 guidelines cannot be accepted. I am of the opinion that the prayers as sought for cannot be granted. The writ petition fails and the same is, accordingly, dismissed. **Sd/ANU SIVARAMAN JUDGE** Jvt/13.7.2023 WP(C) NO.7446 OF 2023 ## -: 10 :- ## **APPENDIX OF WP(C) 7446/2023** PETITIONER EXHIBITS :- Exhibit P1 A TRUE COPY OF THE QUARRYING PERMIT DATED 02.09.2013 ISSUED BY THE GEOLOGIST, IDUKKI TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 30.07.2013 ISSUED BY THE 2 ND RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 08.11.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE DIRECTIONS ISSUED BY THE 1ST RESPONDENT TO ALL THE TAHSILDARS IN THE DISTRICT DATED 21.02.2018 Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 26.11.2018 ISSUED BY THE 1ST RESPONDENT TO THE 2 ND RESPONDENT Exhibit P6 A TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2 ND RESPONDENT DATED 30.11.2018 Exhibit P7 A TRUE COPY OF THE SURVEY SKETCH DATED 22.12.2018 PREPARED BY THE TALUK SURVEYOR COUNTERSIGNED BY THE 2ND RESPONDENT WHICH WAS SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 06.01.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 22.03.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP (C) NO. 29498/202 WP(C) NO.7446 OF 2023 -: 11 :- RESPONDENT EXHIBITS :- EXHIBIT - R1(a) THE TRUE COPY OF THE GOVERNMENT ORDER G O (Ms) No.28/2021/RD DATED 28.01.2021 OF THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE (P) DEPARTMENT, THIRUVANANTHAPURAM EXHIBIT - R1(b) THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT REV-P2/345/2019-REV DATED 13.04.2021