IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ WEDNESDAY, THE 25^TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946 WP(C) NO. 29035 OF 2015 PETITIONER/S:

K.G.GOPI AGED 62 YEARS " AISWARAYA", CMC-9, CHERTHALA.

BY ADV SRI.JOBY CYRIAC RESPONDENT/S:

1 THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT, DISSTRICT OFFICE, MINI CIVIL STATION, CHERTHALA, ALAPPUZHA-688524. 2 THE PRINCIAPL SECRETARY TO GOVERNMENT INDUSTRIES(A) DDEPARTMENT, THIRUVANANTHAPURAM-695001.

3 THE MINISTRY OF MINES, GOVERNMENT OF INDIA, NEW DELHI-110001 REPRESENTED BY ITS UNDER SECRETARY.

BY ADV GOVERNMENT PLEADER SRI. T.V. VINU, CGC- R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

(Dated this the 25^th day of September, 2024)

The writ petition is preferred being aggrieved by Exts.P4, P6 and P9 orders. The petitioner is the owner and in absolute possession of 8.50 Ares of land and a residential house in Sy.No: 207/2011 of Kokothamangalam Village of Pallipuram Grama Panchayath, Cherthala Taluk.

2. It is the case of the petitioner that, in the year 2013, the petitioner had carried out certain renovation work in his residential house and its courtyard and constructed compound wall instead of fence in order to secure his property. For the purpose of constructing compound wall, the petitioner had removed the old fence and had constructed a masonry compound wall with stones and cement. Thereafter paved floor tiles in the courtyard in-order to avoid water logging and for beautification. In order to pave the tiles in the courtyard, excess sand was removed, and it was utilized to fill the water logged area in the rear side of the residential house.

3. During the shifting of sand, the special squad of the

1^st respondent conducted an inspection at the property of the petitioner on 25- 01-2014 and prepared a site inspection report. Thereafter, a show cause notice was issued as per Ext.P2 stating that the petitioner has conducted an unauthorised excavation in his property and extracted 44 metric tonnes of Silica sand which is punishable under Minor Mineral (Development and Regulation) Act, 1957 and directed show cause as to why an action should not be taken against him within three days from the date of receipt of such notice.

In response to that, the petitioner preferred Ext.P3 reply. 4. Even after the reply, without affording an opportunity of being heard, the 1^st respondent issued Ext.P4 whereby demand was fixed for 44 metric tons of Silica Sand as Rs.1,13,572/-(Rupees one lakh thirteen thousand five hundred and seventy two only ) as royalty and fine. Being aggrieved by that, the petitioner preferred an appeal under Sec.49(1)(a) of Kerala Minor Mineral Concession Rules, 1967.

5. Later by Ext.P6, the 2^nd respondent issued order stating that, since the Silica Sand is not a minor mineral, the appeal could not be considered and the appellant has to approach the Central Government in Form N of Mineral Concession Rules

1960 for revision of the order.

6. Later by Ext.P7 notification dated 10.02.2015, Silica Sand was included in the category of Minor Minerals. In such circumstance, the petitioner has approached this Court by preferring Writ Petition (C) No.13891 of 2015. This court disposed the writ petition by Ext.P8 judgment, directing the authority concerned to re-consider the issue in the light of Ext.P7 notification.

7. In compliance to the direction of this Hon’ble Court in Ext.P8 judgment, Ext.P9 order was issued by the 2^nd respondent wherein it is stated that removal and transportation of Silica Sand (Major Mineral) was done by the petitioner in violation of Sub Section (1A) of Section 4 of the Minor Mineral (Development & Regulation) Act, 1957 which is an offence punishable under Sec.21 of the Act and further stated that per Section 4 "No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and