ROY KURIAN Vs. DISTRICT GEOLOGIST

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: The petitioner is a Private limited company who executed Ext.P1 lease agreement on 15.09.2008 with the Government of Kerala for quarrying granite stones from 1.4043 hectares of land owned by the petitioner lying in Survey No. 611/1A/211/78/267Pt in Keerampara Village, Kothamamagalam Taluk, Ernakulam District. The lease is for a period of 12 years which shall expire on 17.09.2020. The Kerala Mining Mineral Rules came into force in the year 2015 and a mining plan approved by the 1st respondent is made a mandatory requirement for conducting quarrying as per Rule 66 of the Kerala Minor Mineral Concession Rules, 2015.

(2.) The Village Officer, Keerampara has conducted an inspection of the quarrying site and prepared a sketch of the quarrying site. There were some complaint about the sketch prepared by the Keerampara Village Officer alleging that the said sketch is defective. One of the neigbour in the area namely Shri.Shajan Mathew had filed a complaint against the petitioner and the Government Officers who have granted permission/license to the petitioner for conduct of quarry in the site. The complaint was filed before the Special Judge, Vigilance, Thrissur. The said complaint was subsequently transferred to the Court of Special Judge (Vigilance) at Muvattupuzha. The said complaint was disposed of by Ext.P2 order dated 17.09.2019.

(3.) The 1st respondent by Ext.P3 order dated 04.10.2018 informed the petitioner that all proceedings on the application submitted by the petitioner for approval of Mining plan is kept pending since there are complaint against the petitioner. Therefore the petitioner approach this Court with W.P.(C)No.8261/2019 and this Court by Ext.P4 judgment dated 19.03.2019 was pleased to direct the District Magistrate, Ernakulam to take a final decision on the application for grant of Mining plan submitted by the petitioner. Therefore, the Additional District Magistrate by Ext.P5 order dated 16.07.2019 directed the Taluk Surveyor and the Tahisldar to conduct a joint inspection of the site and to prepare a sketch rectifying defects if any in the earlier sketch prepared by the Village Officer, Keerampara.