W.P.(C) No.1122 of 2017 – R. Muraleedharan v. State of Kerala and The Senior Geologist, Mining and Geology Department, Kollam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940** ## **WP(C).No. 1122 of 2017** ## **PETITIONER/S:** **R.MURALEEDHARAN, AGED 51 YEARS, POIKAYIL VEEDU, THAZHAM THEKKU, CHATHANNUR P.O., KOLLAM.** **BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.ALICE THOMAS SMT.M.C.SINY SMT.SMITHA S.PILLAI** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** **2 THE SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOLLAM - 691 002.** **R1 & R2 BY SMT. RAJI T. BHASKAR, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.1122 of 2017 2 ## **JUDGMENT** This writ petition is filed by the petitioner seeking direction to extend the period of permit as contained in Ext.P3 and to issue necessary movement permit and Mineral transit passes legally available to the petitioner under the Kerala Minor Mineral Concession Rules, 2015, and to permit the petitioner to extract laterite building stones from the petitioner's property on the basis of Ext.P3 permit, and further a direction to the 2[nd] respondent to issue to the petitioner 1800 Mineral transit passes withheld by the 2[nd] respondent, enabling the petitioner to extract and remove the laterite building stones in accordance with Ext.P3 quarrying permit, and for other related reliefs. Basic material facts for the disposal of the writ petition are as follows: 2. Petitioner is the owner in possession of an extent of 30 Ares of property comprised in Survey Nos.16/11-1 and 16/12-1 of Parippally Village in Kollam District. Petitioner has secured Ext.P3 quarrying permit for extracting laterite stones from the 2[nd] respondent, i.e., the District Geologist, Kollam. Even though petitioner deposited Rs.3 lakhs towards consolidated Royalty payment under the provisions of the Kerala Minor 3 W.P.(C) No.1122 of 2017 Mineral Concession Rules, 2015 [for short, 'the Rules, 2015'), and the petitioner was entitled to receive a total number of 3000 Mineral transit passes on the basis of Ext.P3, petitioner was granted only 1200 passes periodically. According to the petitioner, denial of the balance transit passes to the petitioner within the permit period by the Geologist is contrary to Rule 25(2) of the Kerala Mineral (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015. Even though petitioner approached the 2[nd] respondent seeking to issue the balance 1800 Mineral transit passes, 2[nd] respondent has taken a stand that petitioner has to get Ext.P3 quarrying permit renewed afresh after undergoing all the necessary formalities applicable for issuing a fresh permit. It is in this background, seeking appropriate directions, this writ petition is filed. 3. The 2[nd] respondent has filed a detailed statement, refuting the allegations and claims and demands raised by the petitioner. Among other contentions, it is stated that, quarrying permit dated 05.11.2015 was issued to the petitioner for quarrying laterite building stone from the area in question, which was valid up to 04.11.2016, i.e., for one whole year period. Though petitioner was eligible for 3000 transit W.P.(C) No.1122 of 2017 4 passes to transport the extracted laterite building stones, he procured only 1200 forms from the office, which was a lapse on the petitioner's side and he has failed to utilize the permit granted for one year for the extraction of laterite building stones. 4. It is also submitted that, on 03.11.2016, petitioner submitted an application for renewal of the quarrying permit granted to him. On 08.11.2016, Ext.R2(a) letter was sent to the petitioner, asking him to submit a _chalan_ for an amount of Rs.1,000/-. However, on 21.11.2016, 2[nd] respondent received a letter from the petitioner requesting to issue the remaining 1800 transit passes, evident from Ext.R2(b). That apart, it is submitted that, the permit holder is not eligible for refund of any amount by way of application fee, rent, royalty or tax in accordance with the provisions of the Rules, 2015. Petitioner can only renew the quarrying permit after remitting the requisite royalty as per the Rules, 2015. So also, nothing prevented the petitioner from seeking renewal of the permit. That apart, it is submitted that, during the validity of the permit, petitioner has not raised any difficulties or constraints to proceed with the mining. Petitioner is also liable to follow the mandates and procedures contemplated under the W.P.(C) No.1122 of 2017 5 Rules, 2015. As per Rule 10(b) of the Rules, 2015, the maximum period for the quarrying permit shall be one year from the date of grant. Apart from that, petitioner has violated the distance rules prescribed under Rule 10(f) of the Rules, 2015. 5. That apart, it is submitted that, as per the law existing now, prior environmental clearance is mandatory, in view of the guidelines issued by the Ministry of Environment and Forests and in the light of the observations made by the apex court in _**'Deepak Kumar v. State of Haryana'**_ . Therefore, according to the 2[nd] respondent, the entire action of the 2[nd] respondent is in accordance with law, and the petitioner has not made out any case justifying interference of this Court under Article 226 of the Constitution of India. 6. A reply affidavit is filed by the petitioner, reiterating the stand adopted in the writ petition and also contending that petitioner could not utilize the entire passes, since the same were not issued to the petitioner. 7. I have heard Sri. N. Nandakumara Menon, learned Senior Counsel appearing for the petitioner, assisted by Advocate P.K. Manoj Kumar, and the learned Government Pleader, Smt. Raji T. Bhaskar, and perused the pleadings W.P.(C) No.1122 of 2017 6 and the documents on record. 8. It is an admitted fact that, Ext.P3 permit was granted to the petitioner for a period of one year. It is true and admitted that, petitioner was entitled to 3000 transit passes during the span of one year. However, petitioner could utilize only 1200 passes. It is also an admitted fact that, during the tenure of the permit, petitioner has not raised any objection that 2[nd] respondent has not issued passes to the petitioner on demand. It is also clear from the Rules, 2015, that the permit can be granted only for a period of one year. It is accordingly that, after the period, petitioner was directed to submit an application for renewal of the permit. However, petitioner insisted that petitioner is entitled to get the balance passes from out of the 3000 passes entitled for by the petitioner. 9. Learned Government Pleader pointed out that, 2[nd] respondent has acted only in accordance with law, and if the petitioner had made any application along with necessary clearances for renewal of the permit, it would have been considered by the 2[nd] respondent. However, there was no action taken by the petitioner to renew the permit in accordance with law. W.P.(C) No.1122 of 2017 7 10. Taking into account the factual and legal circumstances, I do not find any reason to interfere with the stand adopted by the 2[nd] respondent. However, at that point of time, learned Senior Counsel submitted that, in fact, the laterite was extracted during the period of the permit, however, the same was not allowed to be transported. Taking into account the said submission and realizing that the petitioner was doing quarrying operations manually, 2[nd] respondent is directed to conduct due enquiry with respect to the submission made as above, and if the petitioner has quarried laterite stones within the permit period and the same is remaining in the property in question, the issue with respect to the issuance of balance transit passes in accordance with the quantity shall be considered by the 2[nd] respondent, in accordance with law, and if there are no legal impediments standing in the way, issue necessary passes for transporting laterite stone quarried, if any, during the period of the permit. A decision shall be taken by the 2[nd] respondent as directed above, at the earliest, and at any rate, within 45 days from the date of receipt of a copy of this judgment. W.P.(C) No.1122 of 2017 8 The writ petition is disposed of accordingly. **Sd/-** ## **SHAJI P.CHALY** **JUDGE** W.P.(C) No.1122 of 2017 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **P1 THE PHOTOSTAT COPY OF THE JUDGMENT DATED 20.10.2011 IN WPC NO. 31120/2011 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. P2 THE PHOTOSTAT COPY OF THE ORDER DATED 19.8.2015 IN IA NO. 11862/2015 IN WPC NO. 31120/2011 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. P3 THE PHOTOSTAT COPY OF THE PERMIT NO.25/1516/MM/LTBS/CRPS/DOQ/S2/3089/11 DATED 05.11.2015 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, KOLLAM TO THE PETITIONER. P4 THE PHOTOSTAT COPY OF THE MOVEMENT PERMIT NO.25-1/14-15/MM/LTBS/CRPS/DOQ/S2/3089/11 DATED 11.11.2015 ISSUED BY THE DISTRICT GEOLOGIST, KOLLAM TO THE PETITIONER. P5 THE PHOTOSTAT COPY OF THE MOVEMENT PERMIT NO.25-2/14-15/MM/LTBS/CRPS/DOQ/S2/3089/11 DATED 11.2.2016 ISSUED BY THE DISTRICT GEOLOGIST, KOLLAM TO THE PETITIONER. P6 THE PHOTOSTAT COPY OF THE MOVEMENT PERMIT NO.25-3/14-15/MM/LTBS/CRPS/DOQ/S2/3089/11 DATED 02.5.2016 ISSUED BY THE DISTRICT GEOLOGIST, TO THE PETITIONER. P7 THE PHOTOSTAT COPY OF THE MOVEMENT PERMIT NO.25-4/15-16/MM/LTBS/CRPS/DOQ/S2/3089/11 DATED 08.08.2016 ISSUED BY THE DISTRICT GEOLOGIST, KOLLAM TO THE PETITIONER. P8 THE PHOTOSTAT COPY OF THE MINERAL TRANSIT PASS NO. 634 BOOK NO.7 DATED 27/6/2016 ISSUED BY THE KERALA MINERAL (PREVENTION OF ILLEGAL MINING, STORAGE AND TRANSPORTATION) TO THE PETITIONER. P9 THE PHOTOSTAT COPY OF THE CHALAN RECEIPT HEAD OF ACCOUNT NO. 08530010299(1) DATED 05.11.2015 RS.3,00,000/- PAID BY THE PETITIONER TO THE DEPARTMENT OF MINING AND GEOLOGY, KOLLAM.** W.P.(C) No.1122 of 2017 10 |**P10**|**THE PHOTOSTAT COPY OF THE QUARRYING PERMIT**| |---|---| ||**NO. CRPS/20.2015-16/LBS/288/DOT/ML/2016**| ||**DATED 05.3.2016 ISSUED BY THE DEPARTMENT OF**| ||**MINING AND GEOLOGY, KOLLAM TO THE K.K.**| ||**RAJAGOPAL, POURNAMI, MEENADU EAST,**| ||**CHATHANNOR.**| |**P11**|**THE PHOTOSTAT COPY OF THE EXTRACT OF**| ||**SCHEDULE IV THE KERALA MINOR MINERAL**| ||**CONCESSION RULES, 2015 G.O(P) NO. 16/2015/ID**| ||**DATED 07.2.2015.**| |**P12**|**THE PHOTOSTAT COPY OF THE REPLY**| ||**NO.DOQ/S2/3328/2016 DATED 08.11.2016 ISSUED**| ||**BY THE DEPARTMENT OF MINING AND GEOLOGY,**| ||**KOLLAM.**| |**P13**|**THE PHOTOSTAT COPY OF THE REPRESENTATION**| ||**DATED 16.11.2016 SUBMITTED BY THE PETITIONER**| ||**TO THE GEOLOGIST, DEPARTMENT OF MINING AND**| ||**GEOLOGY, KOLLAM.**| |RESPONDENTS' EXHIBITS:|| |EXHIBIT R2(A)|TRUE COPY OF LETTER DATED 08.11.2016.| |EXHIBIT R2(B)|TRUE COPY OF THE LETTER RECEIVED FROM MURALEEDHARAN.| ||//TRUE COPY//| ||P.S. TO JUDGE| |St/-||