V.GOVINDANKUTTY Vs. DIRECTOR

JUDGEMENT

(1.) These cases depict, how with the connivance of the public officials, the order of this Court can be misused. The entire case is built on an interim order passed on 23/12/2015 by this Court in W.P. (C).No.36329/2015, permitting the petitioner to form a road by blasting rocks in the area identified for formation of the road. This Court, believing it was a bona fide act on the part of the petitioner, as the petitioner was restricted from plying heavy vehicles and tipper lorries for transportation of quarrying materials from the place where he has been permitted under law to conduct a crusher unit granted the interim order referred above. A restriction was placed by Kunnamkulam Sub Divisional Police Officer, pursuant to the direction of this Court in the judgment in W.P.(C).No.30421/2014 on 17/11/2014. The said judgment is produced as Ext.P5 in W.P.(C).No.36329/2015. Taking note of the narrow width of the road, the police restricted plying of heavy vehicles from 6 am to 7.15am (Ext.P6 produced in W.P.(C).No.36329/2015).

(2.) Sensing it as an opportunity, he approached Geologist, Thrissur, on 24/11/2015 for constructing a new road. Ext.P7 is the said representation produced in W.P.(C).No.36329/2015. The prayer there appears to be very innocuous. It is stated therein that he requires to cut a layer of rock form by blasting. A sketch was prepared. Immediately after submitting the representation, the petitioner approached this Court with W.P.(C).No.36329/2015 on 30/11/2015. Taking note of the urgency pleaded, this Court issued notice by Special Messenger to the District Geologist 1/12/2015. Thereafter, the matter was placed before this Court on various occasions for consideration of the interim order. On 23/12/2015, this Court passed the following interim order.

(3.) The Geologist on 16/3/2016 passed an order pursuant to the above interim order allowing mining. (Ext.P6 produced in W.P.(C).No.30036/2019). It appears that the matter gained attention of the District Collector, Thrissur, as complaints were received by him in regard to large scale mining without any statutory clearance. The District Collector initiated action in the year 2018. The District Collector also appears to have issued a stop memo on 19/7/2019. (Ext.P21 produced in W.P. (C).No.30036/2019). Senior Geologist also issued a show cause notice to the petitioner on 18/9/2018. (Ext.P8 produced in W.P.(C).No.30036/2019). In this notice it is stated that the petitioner illegally started quarrying and huge stock of minerals was found in the premises. The Geologist also appears to have issued a stop memo. This was at the instance of the District Collector. The petitioner moved the Lok Ayukta with a complaint. Since the petitioner was prevented from further mining, it resulted in filing W.P.(C).No.30036/2019. The petitioner urged before this Court in the pending writ petitions, a permission to move out granite aggregates. This Court, by a common order in W.P. (C).No.36329/2015 & 30036/2019, dated 25/9/2020, directed the Geologist to consider the petitioner's application. The Geologist, thereafter, on 15/10/2020, passed an order stating that 43622 matric tonnes of granite aggregates have been confiscated and the petitioner is liable to pay royalty, penalty etc. This order is under challenge in W.P.(C).No.23166/2020. Ext.P19 is the said order.