JOBY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Identical contentions are urged, by the petitioners, who had been carrying on brick kilns; the bricks manufactured wherein were seized by the District Collector, as per the mahazars produced in the respective writ petitions. The facts in the various writ petitions are slightly different which shall be noticed separately.

(2.) The petitioner in W.P.(C) No.20960 of 2016 has obtained a D &O license for brick manufacturing for the period 2015-16 from the Grama Panchayath produced as Ext.P1; which has not been renewed for the current year. The title deed of the property is seen at Ext.P2. The description of the property as per the schedule is also shown as 'nilam' (paddy land). The District Collector along with a team of officers conducted inspection of the property and found 1,80,000 bricks, manufactured and kept in the property, as is evidenced from Ext.P3 seizure mahazar. The petitioner was not able to offer any explanation as to the source of the raw-material (ordinary clay) used for manufacturing the bricks. In W.P. © 20960, 20818, 20980 & 22118 of 2016 , the petitioners are owners of the properties (paddy fields) in which the brick kilns were operated. In W.P. © 20977, 21247 and 21368 of 2016 the petitioners claim to be lessees from owners of paddy fields in which the brick kilns were functioned. All claim to have taken D &O licenses; but currently valid licenses are not produced and there was hence no valid license even from the Panchayath at the time of seizure.

(3.) On the allegation that the paddy lands were converted into brick kilns, offence under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act') was alleged, in the seizure mahazar. The bricks in the property were taken into custody and retained at the site, which has been continued on the interim order of status quo passed by this Court. The petitioners do not produce any permit/license/lease enabling excavation of ordinary clay issued under The Kerala Minor Mineral Concession Rules , 2015 (for brevity KMMC Rules). The petitioners claim that the ordinary clay used in the brick kilns were brought from elsewhere. However the source of the ordinary clay is not disclosed. Ordinary clay being covered under the definition of 'minor minerals' under the Mines and Mineral (Development and Regulation) Act, 1957 (for brevity ' the MMDR Act') and the schedule of the KMMC Rules, prescribing royalty; the excavation can only be with valid permit/lease/license issued there under and the same can be transported only on the strength of Form O(A) issued under The Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (for brevity The Transportation Rules).