JITHESH N.E., v. STATE OF KERALA,
Court: High Court of Kerala
Bench: HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-22. JITHESH N.E., v. STATE OF KERALA,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH ND MONDAY, THE 22 DAY OF JULY 2024 / 31ST ASHADHA, 1946 WP(C) NO. 15420 OF 2024 PETITIONER: JITHESH N. E. , AGED 43 YEARS S/O. KRISHNAN NAMBOOTHIRI, MANGALASSERY ILLAM, POST, PERUVALLUR, KONDOTTY, MALAPPURAM DISTRICT, PIN – 673638 BY ADVS. MEENA. A. VINOD RAVINDRANATH K. C. KIRAN M. R. MINI M. DEVESH ANISH ANTONY ANATHAZHATH THAREEQ ANVER K. NIVEDHITHA PREM. V T. KRISHNANUNNI, SENIOR COUNSEL RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF INDUSTRIES, THIRUVANANTHAPURAM, PIN – 695001 2 THE SUB COLLECTOR, TIRUR, MALAPPURAM DISTRICT, PIN – 676101 3 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, MANJERI P. O, MALAPPURAM DISTRICT, PIN – 676121 4 THE VILLAGE OFFICER, PERUVALLUR, MALAPPURAM DISTRICT, PIN – 673638 WP(C) No.
15420 of 2024 2 5 PERUVALLUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, POST PERUVALLUR, PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN – 673638 6 THE SECRETARY, PERUVALLUR GRAMA PANCHAYATH, POST PERUVALLUR, PARAMBIL PEEDIKA, MALAPPURAM DISTRICT, PIN – 673638 BY ADVS. B. S. SYAMANTHAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 15420 of 2024 3 JUDGMENT The petitioner is a member of Mangalassery Illam, which is an ancient Namboothiri family at Peruvallur in Malappuram District. There is a private temple namely, “Edaparambil Kshethram” owned by the above family in the property owned by the Illam and situated in R. S No. 318/8. A trust by name “Edaparambil Kshetra Trust” is formed to manage the affairs of the temple. The trust took a decision to dig a temple pond in the compound of the temple.
The trust also took a decision to renovate the “Aarattukadavu” in the Illam compound along with digging the new pond in the temple compound. When the work of rd digging the pond was going on, the 3 respondent informed the trust that the laterite stones cannot be excavated without getting permission from him. He directed the trust to get No Objection Certificate from the Sub Collector, Tirur. Accordingly, Ext. P5 No Objection Certificate was obtained from the Sub Collector, Tirur. The trust also paid penalty for the excavation done till then and royalty for the future excavation. Exts. P6 and P7 are receipts for the payment of penalty and royalty. According to the petitioner, penalty and royalty were collected from the trust not for digging the new pond alone, but also for taking laterite stones excavated to the “Aarattukadavu” for renovation of the same. WP(C) No. 15420 of 2024 4 rd 2. Ext.
P9 is the order issued by the 3 respondent granting permission to the trust to excavate the stones for the purpose of digging the pond. In order to remove the excavated stones from the temple pond to “Aarattukadavu”, the trust gave Ext. P10 representation before the Revenue Divisional Officer, Tirur. A similar representation was given rd to the 3 respondent on 10. 05. 2023 which is marked as Ext. P11. Similar representations were given to the respondents 2 and 3 on 09. 04. 2024 as well which are marked as Exts. P12 and P12(a). The grievance of the petitioner is that, the respondents 2 and 3 are not taking a decision on the request made by the petitioner to permit the trust to remove the excavated stones from the temple compound and to transport it to the “Aarattukadavu”. 3. I have heard Sri. T Krishnanunni, the learned Senior Counsel for the petitioner and Sri. B. S Syamanthak, the learned Government Pleader. 4.
The pond is situated in the temple compound and the “Aarattukadavu” is situated in the Illam compound. The trust and the temple committee took a decision to renovate the “Aarattukadavu” in the Illam Compound along with digging a new pond in the temple compound. WP(C) No. 15420 of 2024 5 5. According to the petitioner, the stones excavated from the temple compound while digging the pond have to be transported to the nd rd “Aarattukadavu” for renovating it. The stand taken by the 2 and 3 respondents is that, since the “Aarattukadavu” is situated one kilometer away from the temple compound, it cannot be transported without getting a fresh NOC under Rule 104 of the Kerala Minor Mineral Concession Rules, 2015. They have also taken the stand that petitioner has to obtain the transit permit. I cannot subscribe to the said stand nd rd taken by the 2 and 3 respondents. The penalty as well as the royalty were collected from the trust, as evident from Exts. P6 and P7.
The trust is in the process of digging a pond in the temple compound and also renovating the “Aarattukadavu” situated in the Illam compound. The excavation of stones for the purpose of digging the new pond has been rd done by the trust after obtaining Ext. P9 order from the 3 respondent. Inasmuch as the penalty and royalty have been paid by the trust for rd excavating the stones, the 3 respondent cannot insist for a fresh permission under Rule 104 of the Kerala Minor Mineral Concession Rules, 2015 for the simple reason that “Aarattukadavu” is situated one kilometer away from the temple pond. However, the petitioner has to get transit permit to transport the excavated stone to the WP(C) No. 15420 of 2024 6 “Aaraattukadavu” which is situated in the Illam compound. Hence, the petitioner shall file an application for issuance of transit permit before the nd nd 2 respondent.
The 2 respondent is directed to grant transit permit in accordance with law, within a period of three weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE AJ nd The word 2 respondent appearing in the last two sentences of paragraph 5 of the judgment dated 22. 07. 2024 in WP(C)No. 15420/2024 rd is corrected and substituted as ‘3 respondent’ as per the order dated 05/08/2024 in I. A. 1/2024 in WP(C)No. 15420/2024. Sd/- Joint Registrar WP(C) No. 15420 of 2024 7 APPENDIX OF WP(C) 15420/2024 EXHIBITS TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PERUVALLUR DATED 01. 07. 2023 TRUE COPY OF THE TRUST DEED DATED 31. 05. 2006 TRUE COPY OF THE CERTIFICATE ISSUED BY SECRETARY, PERUVALLUR GRAMA PANCHAYATH DATED 30. 11. 2021 TRUE COPY OF THE MINUTES OF THE MEETING DATED 16. 10. 2022 TRUE COPY OF NO OBJECTION CERTIFICATE ISSUED BY SUB COLLECTOR, TIRUR DATED 10. 11.
2023 TRUE COPY OF THE RECEIPT OF PAYMENT OF PENALTY DATED 11. 12. 2023 TRUE COPY OF THE RECEIPT FOR PAYMENT OF ROYALTY DATED 29. 02. 2024 TRUE COPY OF THE ORDER ISSUED BY THE DEPARTMENT OF INDUSTRIES DATED 21. 02. 2024 TRUE COPY OF THE ORDER ISSUED BY GEOLOGIST, MALAPPURAM DATED 07. 03. 2024 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE TRUST BEFORE REVENUE DIVISIONAL OFFICER, TIRUR DATED 10. 05. 2023 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE TRUST AND THE COMMITTEE BEFORE THE GEOLOGIST ON 10. 05. 2023 TRUE COPY OF THE REPRESENTATION BEFORE THE RESPONDENTS 2 ON 09. 04. 2024. EXHIBIT P12(A) TRUE COPY OF THE REPRESENTATION BEFORE THE RESPONDENT NO. 3 ON 09. 04. 2024.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.