IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 14805 of 2008(K) ------------------------------------ PETITIONER: ------------------- SREEKUMAR, AGED 46 YEARS, S/O.THANKAPPAN KURUP, EDIMJAYYATHU VEEDU, KURUMBALA, KURUMBALA VILLAGE, ADOOR TALUK, PATHANANTHITTA DISTRICT. BY ADV. SRI.VINCENT JOSEPH RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE OF PATHANAMTHITTA, PATHANAMTHITTA. 2. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM. 3. THE REVENUE DEVISIONAL OFFICER, OFFICE OF THE R.D.O., ADOOR. 4. THE SECRETARY, PANTHALAM GRAMA PANCHAYAT, PANTHALAM.P.O. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LAND AND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. JAYESH KUMARAN NAIR @ RAVU, S/O.DIWAKARAN NAIR, MOOLAYIL, THONALLOOR MURI, PANCHALAM VILLAGE, ADOOR THALUK. R1 TO R3 & R5 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD ADV. SRI.SIBY MATHEW FOR R4 SRI.PHILIP J.VETTICKATTU FOR R4 SRI.C.B.SREEKUMAR FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 14805 OF 2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE TAX RECEIPT OF RESPECTIVE LAND DATED 21.3.1992 ISSUED BY KURUMBALA VILLAGE OFFICER EXT.P1(A) TRUE EXTRACT OF REVENUE REGISTER OF RESPECTIVE LAND ISSUED BY KURUMBALA VILLAGE OFFICER EXT.P2 TRUE COPY OF THE JUDGMENT IN O.S.NO.517/2000 DATED 7.2.2005 OF THE MUNSIFF COURT, ADOOR EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 3.1.2008 EXT.P4 TRUE COPY OF THE REPORT FROM THE VILLAGE OFFICER, KURUMBALA DATED 22.4.2008 SUBMITTED BEFORE THE 1ST RESPONDENT EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.1.2008 EXT.P6 TRUE COPY OF THE PAPER REPORT PUBLISHED IN MANGALAM DIALY DATED 1.5.2008 EXT.P6(A) TRUE COPY OF THE PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 3.5.2008 RESPONDENTS' EXHIBITS: AANNEXURE R3(A) REPORT DATED 20.6.2008 SUBMITTED BY THE TALUK SURVEYOR BEFORE THE TAHSILDAR / TRUE COPY / Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - -- - - - - - - - W.P.(C) No. 14805 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT This writ petition is filed complaining that there is large scale unauthorized excavation and quarrying of rocks. The 6th respondent is attributed with such activity. The Revenue Divisional Officer has filed a statement stating, among other things, that the petitioner’s complaint(Ext.P3) was forwarded to the Revenue Recovery Officer and later to the Tahsildar and a detailed enquiry has been conducted. It has been found that the 6th respondent was quarrying rocks from the government land. It is stated that the 6th respondent apparently encroached upon the land of the petitioner under the guise of the permit and has carried out mining operations. The Tahsildar had issued stop memo on 05.05.08 and action has been initiated under the Land Conservancy Act for unauthorized occupation of puramboke land. The Taluk Surveyor had been directed to demarcate the government properties by fixation of boundaries and assess the encroachment made by the 6th respondent by initiating WPC No.14805 of 2008 -:2:- proceeding under the Land Conservancy Act also. The Taluk Surveyor submitted a report stating that such proceedings against the 6th respondent are pending before the Tahsildar. Following the stop memo, there is no quarrying activity, it is reported. 2. Obviously, but for the institution of this writ petition, the 6th respondent would have continued with the activities as the stop memo is issued by the Tahsildar only after the 6th respondent had carried out the mining activities in clear violation of the permit that he had. The Government is entitled to take proper action in accordance with law for conserving the government land and also to ensure that amounts due to the Government by way of royalty, etc are properly collected in terms of law. In fact, such action forms part of the duties of the government and not merely entitlement. The petitioner’s property also has to be protected. 3. Having regard to the decree passed in OS No.517/2000 by Munsiff Court Adoor on 07.02.05, there cannot be any further controversy relating to the identity of the boundaries. Therefore, WPC No.14805 of 2008 -:3:- no more disputed facts exist. 4. Hence, this Writ petition is ordered directing that the official respondents shall ensure that further action in terms of what is contained in the statement of the RDO is taken and the property of the Government is properly identified, conserved and effective steps taken to collect any amount that may due to the Government. Having regard to the complaint of the petitioner, it is further ordered that his property shall also be secured by the intervention of respondent No.3. The official respondents will further ensure that there is no mining activity in the locality in question without appropriate permits and licenses and no way in excess of any license that is granted. Thottathil B. Radhakrishnan, Judge. ttb WPC No.14805 of 2008 -:4:-