K.G.Jaymon vs. The District Geologist - Kerala High Court, 08 June 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 08TH DAY OF JUNE 2020 / 18TH JYAISHTA, 1942 WP(C).No.11078 OF 2020(H) PETITIONER/S: K.G.JAYMON, AGED 53 YEARS K.K.GOPALAN, KOZHAMPURATH HOUSE, PUTHUKKAD.P.O, THURAVE VILLAGE, MUKUNDHAPURAM TALUK, TRISSUR DISTRICT BY ADV. SRI.P.M.ZIRAJ RESPONDENT/S: 1 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD-678014 2 THE DIRECTOR OF MINING AND GEOLOGY OFFICE OF THE MINING AND GEOLOGY, KESAVADASPURAM, PATTAM, THIRUVANANTHAPURAM PIN-695004 3 EXECUTIVE ENGINEER IRRIGATION SUB DIVISIONAL NO.1, CHITTOOR, PALAKKAD, PIN-678101 4 ASSISTNAT EXECUTIVE ENGINEER, IRRIGATION SUB - DIVISIONAL NO.1, CHITTOOR, PALAKAD, PIN-678101 5 DISTRICT POLICE CHIEF, PALAKKAD, PIN-678001 OTHER PRESENT: SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

::2:: WP(C).No.11078 OF 2020(H) ALEXANDER THOMAS, J. ----------------------------- W.P.(C).No.11078 Of 2020 --------------------------------- Dated this the 8th day of June, 2020. J U D G M E N T The case set up in this Writ Petition (Civil) is as follows: The petitioner is the successful bidder in the e-tender for the purpose of removal of ordinary sand and gravel deposited in canal and weirs of Palakappandy diversion scheme. The petitioner deposited a sum of Rs.13,73,155/- + GST towards the cost of sand and paid Royalty of Rs.1,72,640/- towards fee for dealers licence. It was impossible to stack the entire ordinary sand and gravel removed from the canal on the outer bund of the canal and hence fourth respondent permitted to transport 2157.43 m³ of gravel/ordinary sand to the adjacent property. After payment of royalty and other fees the 1st respondent issued a dealer's licence along with certificate of registration for stock and sale of ordinary sand dated 31.12.2019 and thereby permitted the petitioner to stock, sale and transport the ordinary sand. The validity of Exhibit-P9 and P10 were for a period commencing from 31-12- 2019 to 29.3.2020. The petitioner was not in a position to transport the ordinary sand from the yard during the validity of

::3:: WP(C).No.11078 OF 2020(H) Exhibit-P9 and P10 due to technical reason. He was also not in a position to submit application for renewal of same due to travel ban from district to another district due to lockdown declared in connection with Covid-19 pandemic. Hence immediately after withdrawal of travel ban petitioner submitted exhibit P11 application dated 6-5-2020 before the 1st respondent and thereby requested to renew the Exhibit-P9 and P10. After submission of said application the 1st respondent issued exhibit P12 communication dated 1.6.2020 and thereby informed that the further proceedings on the application of the petitioner will continue only after getting opinion from the 5th respondent. The 1st respondent has not right and authority to issue Exhibit-P12 communication and the said communication is beyond his limits. Now the matter is pending because of the reason that the 1st respondent will consider the application of petitioner only after obtaining an opinion from the 5th respondent in the subject matter. If more delay caused for the said purpose it will cause much hardship and injury to the petitioner. It is in the light of these factual aspects that the petitioner has filed the instant Writ Petition (Civil) seeking the following reliefs:

::4:: WP(C).No.11078 OF 2020(H) “A. Issue a writ of mandamus or other appropriate writ, order or direction to the 1st respondent to consider and dispose the Exhibit-P11 application submitted by the petitioner without obtaining any opinion from the 5th respondent within a reasonable period which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case. B. Issue a writ of certiorari or other appropriate writ direction or order by call for the records leading to the Exhibit-P11 communication issued by the 1st respondent and set aside the same as illegal since the same is against the provisions of law. C. Declare that the opinion of the 5th respondent is not required for considering an application of renewal of dealer's licence for stock and sale of ordinary sand, and D. Such other writ, direction or order, which deems fit and proper in the interest of justice and the circumstances of the case.”

Heard Sri.P.M.Ziraj, learned counsel for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

According to the petitioner, he had carried out cleaning work of the canal owned by the respondent-Irrigation Department and he had purchased the sand which was waste debris collected on the basis of such cleaning process and for that purpose, he had duly paid royalty amount as fixed by the Mining and Geology Department and as per Exts.P3 & P4 challan receipts issued by the 1st respondent and he was permitted to purchase the sand collected as waste debris in such cleaning process. For that purpose, the petitioner had paid due amounts to the respondents 3 & 4 officials of the Irrigation Department as can be seen from Exts.P-3 & P4 challan receipts. The petitioner has also paid the requisite royalty

::5:: WP(C).No.11078 OF 2020(H) amount as can be seen from Exts.P-7 & P-8 issued by the 1st respondent-District Geologist. Thereafter, the petitioner had duly obtained Ext.P-9 dealer's licence dated 31.12.2019 as well as Ext.P-10 registration certificate dated 31.12.2019 for the same issued by the District Geologist for transportation and sale of the materials. That the outer time limit for enjoying the benefit of Exts.P-9 & P-10 are only up to 29.3.2020 and the petitioner could not take steps to transport and sell the same within the outer time limit. Thereafter the petitioner has submitted Ext.P-11 application dated 6.5.2020 before the 1st respondent seeking for renewal of Exts.P-9 & P-10 permissions. That now the 1st respondent has issued the impugned Ext.P-12 letter dated 1.6.2020 intimating the petitioner that the 1st respondent can take further action in the matter only after ascertaining the opinion of the 5th respondent- District Police Chief.

After hearing both sides, if as a matter of fact, the materials covered by Ext.P-12 are those duly purchased by the petitioner from the irrigation Department as covered by Exts.P-3 & P-4, for which due royalty amount has also paid by the petitioner as per Exts.P-7 & P-8 by which Ext.P-9 dealer's licence and Ext.P-10 registration certificate have also secured from the

::6:: WP(C).No.11078 OF 2020(H) 1st respondent and it is not understandable to this Court as to whether permission from the 5th respondent-District Police Chief is necessary in a matter like this. Therefore, it is only to be held that the abovesaid restriction placed by the 1st respondent is arbitrary and unreasonable. In that view of the matter, the said restriction imposed as per Ext.P-12 will stand set aside and rescinded and the matter in relation to Ext.P-11 application will stand remitted to the 1st respondent-District Geologist for consideration and decision afresh. It will be open to the District Geologist to ascertain the views of respondents 3 & 4, who are the Engineers of the Irrigation Department, to ascertain as to whether the matters covered by Exts.P-9 & P-10 have been purchased by the petitioner from the Irrigation Department as per Exts.P-3 & P-4. This the 1st respondent may duly complete within 10 days from the date of receipt of a copy of this judgment. Any letter of clarification so issued by respondents 3 & 4 should also be given to the petitioner in advance. Thereafter, the 1st respondent will afford an opportunity of being heard to the petitioner and will pass orders on the request of the petitioner in Exts.P-11 application for renewal granted as per Exts.P-9 & P-10, within a period of 3 weeks thereafter. The petitioner will produce certified copies of this

::7:: WP(C).No.11078 OF 2020(H) judgment along with copies of memorandum of Writ Petition with all exhibits before the 1st respondent as well as respondents 3 & 4 for necessary information and further action. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. ALEXANDER THOMAS, Judge. bkn/-

::8:: WP(C).No.11078 OF 2020(H) APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ORDER DATED 18.07.2019 ISSUED BY THE 3RD RESPONDENT GRANTING WORK TO THE PETITIONER EXHIBIT P2OF THE AGREEMENT DATED 27.08.2019

EXECUTED

BETWEEN

THE PETITIONER AND THE 4TH RESPONDENT EXHIBIT P3OF THE COUNTERFOIL OF CHELAN TOWARDS COST OF SADN AND GRAVEL PAID BY THE PETITIONER DATED 16.07.2019 EXHIBIT P4OF THE COUNTERFOIL OF CHELAN TOWARDS

THE SECURITY

DEPOSIT

BY PETITIONER DATED 16.07.2019 EXHIBIT P5OF THE COUNTERFOIL OF THE PAYMENT OF GOODS AND SERVICE TAX BY THE PETITIONER DATED 31.07.2019 EXHIBIT P6OF THE COMMUNICATION DATED 09.12.2019 SUBMITTED BY THE FOURTH RESPONDENT BEFORE FIRST RESPONDENT EXHIBIT P7OF THE COUNTERFOIL DATED 26.12.2019 TOWARDS PAYMENT OF ROYALTY EXHIBIT P8OF

COUNTERFOIL

DATED 20.12.20189

TOWARDS

PAYMENT

OF APPLICATION FEE EXHIBIT P9OF THE DEALER'S LICENSE FOR STOCK AND SALE OF ORDINARY SAND DATED 31.12.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P10OF THE CERTIFICATE OF REGISTRATION FOR STOCK AND SALE OF ORDINARY SAND DATED 31.12.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P11OF THE APPLICATION DATED 6.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P12OF THE COMMUNICATION DATED 01.06.2020 ISSUED BY THE FIRST RESPONDENT