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2010 Supreme(Online)(KER) 25737
HIGH COURT OF KERALA
ANTONY DOMINIC, J
ANIL THOMAS – Appellant
Versus
GEOLOGIST,DEPT.OF MINING & GEOLOGY & ORS – Respondent
WP(C)/9860/2009
SRI.S.RADHAKRISHNAN, SMT.S.ARCHANA, SRI.S.RAJ MOHAN
The jurisdiction to enforce compliance with mining permits lies with the Geologist and not with village authorities, highlighting the need for proper enforcement mechanisms.
Headnote:
Mining - Sand Mining Permits - Kerala Minor Minerals Concession Rules - The court directed inspection of lands under disputed mining permits to ascertain compliance with conditions, emphasizing the authority of the Geologist in permit-related violations.
Fact of the Case:
Petitioners challenged stop memos issued by the Village Officer that barred them from mining sand, asserting they held valid permits under the Kerala Minor Minerals Concession Rules for specified land areas.
Issues: Whether the stop memos issued by the Village Officer were valid considering the existing mining permits held by the petitioners, and who has the authority to address alleged violations of these permits.
Ratio Decidendi: The court held that matters relating to violations of mining permit conditions should be resolved by the Geologist, not the Village Officer, who should facilitate inspections and take appropriate actions based on findings.
Final Decision: The court directed an inspection of the mining sites within six weeks to determine compliance with mining permit conditions.
JUDGMENT
Petitioners in these writ petitions are aggrieved by the stop memos issued by the Village Officer prohibiting them from continuing mining ordinary sand.
2. Petitioner in W.P(C)No.9860/2009 contended that he was issued Ext.P2 mining permission entitling him to mine ordinary sand from 7.96 ares of land in Survey No.167/5-2 of Vadakkemury Village. In so far as, the petitioner in W.P(C) No.9314/2009 is concerned, he has been issued Ext.P7 permit under the Kerala Minor Minerals Concession Rules enabling him to mine ordinary sand from 8.09 ares of land in Survey No.167/6 of Vadakkemuri Village.
3. While, according to the petitioners, they have mined ordinary sand from the aforesaid extent of land, stop memos have been issued on the allegation that in the process of mining, the petitioners have violated provisions of Kerala Land Utilisation order. In the Counter affidavit, the Tahsildar raised the contention that on the strength of the permits obtained, petitioners have mined ordinary sand from areas beyond what is permitted in the mining permits issued by the Geologist. It is therefore, stated that in that process, they have violated the conditions of the mining permits.
4. If, as a matter of fact, conditions of the mining permits have been violated, it is a matter for the Geologist, who has issued the mining permits to initiate appropriate action. In this case, stop memos were issued by the Village Officer and affidavits have been filed by the Tahsildar. Since, the matter involves violation of the conditions of the permits issued by the Geologist, I direct that on production of the copy of this judgment, the 1st respondent will inspect the lands in relation to which, the aforesaid permits were issued to the petitioners and on such inspection, if he finds any violation of the mining permits, appropriate action will be taken against the petitioners. On the other hand, if conditions are not found violated, they will be allowed to appropriate the sand detained.
5. The inspection shall be done within six weeks of production of a copy of this judgment. It will be open to the Geologist to take assistance of the revenue officials so that the property in respect of which permits have been granted can be identified properly.
6. Petitioners to produce a copy of this judgment to the Geologist for compliance.
7. It is made clear that, once the Geologist passes orders in pursuance to the aforesaid directions, parities will be governed by such order and not by stop memos issued by the Village Officer.
ANTONY DOMINIC JUDGE
