Point of Law: It is also clear from Rule 104 of Rules, 2015 that the NOC can be granted by RDO only if it is Point of Law: It is also clear from Rule 104 of Rules, 2015 that the NOC can be granted by RDO only if it is for a legitimate purpose and it is inevitable.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The above writ petition is filed with the following prayers:

“(i) To call for the records leading to Ext.P8 and P9.

(ii) To issue a writ of certiorari setting aside Ext.P8 and P9.

(iii) To declare that the petitioner's request for digging a pond for the purpose of agriculture and fish farming comes within the purview of Rule 104 of Kerala Minor Mineral Concession Rules, 2015.

(iv) To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st and 2nd respondents to consider the petitioner's application for granting of NOC under Rule 104 of Kerala Minor Mineral Concession Rules, 2015, in accordance with law.

(v) To issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.” [SIC]

2. The petitioner is the owner in possession of 8 Acres of land in Re-survey No. 225 in Block No. 72 in Poonjar Thekkekara Village. According to the petitioner, he is cultivating various agricultural crops in the property. It is the case of the petitioner that due to acute scarcity of water, especially during the summertime, the petitioner is not able to do his agricultural operations on his land. Under such circumstances, the petitioner decided to dig a pond in his property to enable the petitioner to collect and store water in the pond. Since the area is comprised of granite, the petitioner can dig the pond only after removing a portion of the granite. For the same, the petitioner applied to the authority concerned for getting NOC as contemplated under Rule 104 of the Kerala Minor Mineral Concession Rules, 2015 (for short Rules, 2015). It is the case of the petitioner that without considering the purpose and intent of the said rule, the respondents rejected the petitioner's application seeking NOC under Rule 104 of the Rules, 2015 in an arbitrary and mechanical manner. Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. The counsel for the petitioner reiterated his contentions. The counsel takes me through Rule 104 of the Rules, 2015 and submit that if the extraction of minor mineral is inevitable for any legitimate purpose, other than winning the mineral, and where the owner of the land desires to transport minerals outside the area of extraction, the Revenue Divisional Officer is bound to issue permit. The Government Pleader, on the other hand, submitted that the petitioner has 8 acres of land, and the petitioner is insisting on digging a pond in the area where there is granite. The Government Pleader submitted that the statutory authority to decide this issue is the Government, and the Revenue Divisional Officer (RDO) only can issue a No Objection Certificate (NOC).

5. This Court considered the contentions of the petitioner and the Government Pleader. The point to be decided is about the validity of Ext P8 and P9 and whether the authorities concerned considered the relevant rules while passing those orders. The NOC is to be issued by RDO as per Rule 104 of the Rules, 2015. It will be better to extract Rule 104 of the Rules, 2015:

“104. Power of State Government to grant special permission to extract and remove minor minerals in special circumstances.- In any case or class of cases where extraction of minor mineral is inevitable for any legitimate purpose, other than winning the mineral, and where the owner of the land desires to transport minerals outside the area of extraction, the applicant shall submit an application along with the No Objection Certificate issued by the Revenue Divisional Officer to the State Government for its extraction and transportation and in such cases if the State Government is of the opinion that the extraction and transportation of minerals is inevitable, the State Government may for reasons to be recorded in writing, issue an order in writing granting permission for extraction and transportation of such mineral