IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 10^TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 29056 OF 2024 PETITIONER:

JAMAL M SAINULABDEEN, AGED 55 YEARS S/O. JAMAL MUHAMMED, RESIDING AT T C NO.8/1502(1), S.S. VILLA, THIRUMALA, THIRUVANANTHAPURAM, KERALA, PIN - 695006 BY ADVS.

THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY SWATHY A.P.

THARA ELIZABETH THOMAS RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE DIRECTORATE AND MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004

3 DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003

4 DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, FIRST FLOOR, CHEMBUKAVU, THRISSUR, PIN - 680020

5 TAHSILDAR, TALUK OFFICE, THALAPPILLY, WADAKKANCHERY, THRISSUR, PIN - 680623

6 VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, VARAVOOR VILLAGE, THRISSUR, PIN - 680585 SRI. RAJEEV JYOTHISH GEORGE, GOVT.PLEADER.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAVI, J.

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W.P.(C). No.29056 of 2024 --------------------------------------------

Dated this the 10^th day of March, 2025

JUDGMENT

The writ petition has been filed with the following prayers:

“(i) call for the records leading to Exhibits P21 and P22 reports and P23 order and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2^nd respondent to grant quarrying lease on the basis of Exhibit P9 application submitted by the petitioner taking into account the fact that all the documents stipulated under Rule 27 of the Kerala Minor Mineral Concession Rules, 2015 have been submitted along with the application.

(iii) Declare that the area 4.9526 hectares comprised in Re-

Sy.No.415/PT3 is part of the family property allowed to retained as per Exhibit P3 TLB order as evidenced by Exhibits P5, P6, P7 and P18;

(iv) petitioner prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular.”

2. The petitioner is the husband of one Smt.Saleena Beevi and the properties in question are stated to be the properties which have been permitted to be retained by the family as per proceedings under the Kerala Land Reforms Act. An application for quarrying permit has been rejected on the ground that those are properties which are likely to be subject matter of land board proceedings against Smt.Saleena Beevi. Petitioner has hence challenged Exts.P21, P22 reports and Ext.P23 order. The petitioner also seeks a direction to the 2^nd respondent to consider Ext.P9 application and grant quarrying lease.

3. A statement has been filed by the 3^rd respondent as directed by this Court. It is seen from the statement that the properties were exempted under Section 81 of the Kerala Land Reforms Act, 1963 and is sought to be utilised for purposes other than for a rubber plantation. It is also submitted that ceiling case is initiated against Smt.Saleena Beevi, but the land board has not yet issued any orders.

4. It is thus seen that as at present, no proceedings under the Kerala Land Reforms Act has culminated with a finding that the properties involved are excess lands liable to be surrendered. As far as the exempted lands are concerned, it is settled law that the effect of user for other purposes can only lead to further action under the ceiling provisions and will not by itself take away the right of the holder of the land. The petitioner is hence entitled to succeed.

Exts.P21 to P23 to the extent they hold that the request for quarrying lease cannot be consi