BRUVS MINERALS PVT. LTD Vs. TAHSILDAR TALUK OFFICE

JUDGEMENT

(1.) The petitioner, a Private Limited Company, engaged in mining, crushing and allied business, states that, by Exts. P1 to P6 consent deeds, the owners of properties referred to therein have permitted the petitioner to conduct quarrying operations in their respective properties, each lying adjacent, and accordingly, the petitioner applied for demarcation certificate, non assignment certificate and attested sketch, before the 2nd respondent Village Officer, for the purpose of applying for mineral concession. The Village Officer issued Ext. P7 demarcation certificate stating that the land is surveyed and separated by fixing concrete pillars and iron fencing. However, it is endorsed therein that the issuance of certificate will be subject to the legal proceedings proposed to be taken by the Special Officer vide G.O. (MS) 703/2015/RD dtd. 30/12/2015 and also the BTR reference of the land as Periyar Rubber Plantation. The Village Officer also issued Exts. P8 to P13 non-assignment certificates in respect of the land covered by the consent deeds, but with similar endorsement. As regards Ext. P14 application for attested sketch, the same was rejected by the Tahsildar, the 1st respondent by Ext. P15 communication stating that the land in respect of which the application has been submitted forms part of a land once exempted under the provisions of Sec. 81 of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the 'Act') and therefore in view of the circular issued by the Land Board Secretary and the judgment in W.P(C) No. 17884/2017, quarrying operations are not permitted in plantations exempted under the provisions of Sec. 81 of the Act. The petitioner submits that nonissuance of attested sketch and adverse endorsements on the demarcation certificate and non-assignment certificates as above, on the premise that the applied land forms part of a land once exempted under the provisions of Sec. 81 of the Act, are illegal and arbitrary.

(2.) A counter affidavit is filed by the 1st respondent reiterating their stand in the impugned order. It is also stated that the land was part of Periyar Rubber Plantations and to establish ownership of the Government over the properties, it has been decided to file suit before competent Court for declaration of ownership and possession of land.

(3.) Heard Sri. Philip J. Vettikattu, the learned counsel for the petitioner and Smt.Deepa Narayanan, the learned Senior Government Pleader for the respondents.