IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 29^TH DAY OF MAY 2023 / 8TH JYAISHTA, 1945 WP(C) NO. 1808 OF 2014 PETITIONER:

MAHESH KUMAR. K.R S/O.(LATE) RAJAPPAN PILLAI, CHEMBAKASSERY HOUSE, PALLIPPURAM P.O., CHERTHALA, PIN 688541.

BY ADVS.

SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY INDUSTRIAL A DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 THE GEOLOGIST MINING & GEOLOGY DEPARTMENT, ALAPPUZHA DISTRICT OFFICE, MINI CIVIL STATION, CHERTHALA, PIN 688524.

BY ADVS.

GOVERNMENT PLEADER GOVERNMENT PLEADER SMT.DEEPA NARAYANAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

29.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 29th day of May, 2023 This writ petition is filed seeking the following reliefs:-

i) Issue a writ of certiorari or any other writ or order or direction to quash Ext. P3.

ii) direct the 2^nd respondent to drop any further action pursuance to Exts. P1 and P3.

iii) declare that the petitioner is not liable to pay the amount demanded in Ext. P3.

iv) declare that the petitioner has not excavated and removed 972 metric tones of silica sand.

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

3. It is submitted in the writ petition that the petitioner is an agricultural labour who is in possession of two contiguous properties having an extent of 4 cents and 3.78 Ares in Sy No.210/9C1 of Pallipuram Village, Cherthala Taluk. It is submitted that the ordinary sand in the locality where the property is situated has the presence of silica naturally occurring therein. The petitioner had started the construction of a small residential house in his property. He had used the sand occurring in his property for the purpose of the construction as also for filling the foundation constructed for the residential building. However, on 26/9/2013, Ext.P1 notice was issued to the petitioner stating that 500 M³ of silica soil has been unauthorizedly excavated and removed from the petitioner's property measuring 9 cents. He was required to submit an explanation. Petitioner submitted Ext.P2 reply. However, by Ext.P3, the petitioner has been required to pay an amount of Rs.19,67,056/- as the cost of 972 metric tonnes of silica sand excavated and allegedly removed by him. It is submitted by the learned counsel for the petitioner that the petitioner had not removed any silica sand from the property. Even, if it is admitted that some ordinary earth has been removed, it is contended that what has been removed is only the ordinary silica sand available in the property and that the demand raised is completely untenable and excessive. It is therefore contended that the impugned notices may be set aside, since there is no removal of any mineral as alleged in the said notices.

4. A counter afÏdavit has been filed on behalf of the 2nd respondent. It is stated that the petitioner had extracted silica sand unauthorizedly from the property. It is stated that the petitioner has admitted that the foundation of the newly constructed house is filled loose white silica sand which is a major formation in the Pallipuram Village, Cherthala Taluk. It is stated that the petitioner has himself has admitted that he had excavated the silica sand from his property and heaped the quantity of white sand from his property situated east of the Kalathil-Thathamangalam road. It is stated that inspection had been made by a special squad on 12/9/2013 and the photographs obtained during the said inspection are produced along with the counter afÏdavit. It is stated that when the petitioner was given an opportunity to furnish his explanation, he had failed to present a convincing reason and the admissions made by the petitioner had been taken into account and he was required to remit an amount of Rs.19,67,056/- which includes the royalty and price of the mineral and the fine for the illicit