IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33037 of 2009(Y) ------------------------- PETITIONER : --------------------- KEESHMAD KHADI AND VILLAGE INDUSTRIES CO-OP.SOCIETY LTD.NO.2253, REPRESENTED BY ITS SECRETARY, V.A.RAJESH, AGED 28 YEARS, S/O.V.N.AYYAPPAN PILLAI, VAZHEATHU HOUSE, KUTTAMASSERY, THOTTUMUGOM P.O., ALUVA. BY ADV. SRI.T.N.SURESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE GEOLOGIST, MINING AND GEOLOGY, CIVIL STATION, ERNAKULAM. 4. T.K.KUNJUMON, AGED 30 YEARS, THAZHATHU VEETIL, KEERANKUNNU, ALUVA. R1 TO R3 BY GOVT. PLEADER SMT. SANJEETHA R4 BY ADVS. SRI.P.K.NISHAD (PUZHITHARA) SRI.NAVEEN THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 33037 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE G.O.(MS) NO. 21/09/ID DATD 7/2/2009. EXT.P2 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17/9/2008. EXT.P3 : COPY OF THE PROCEEDINGS DATED 27/2/2009 OF THE DEPUTY COLLECTOR (LR). EXT.P4 : COPY OF THE PERMIT NO. 35/08-09/MM/BC/QT/DOE/854/E2/2009 DATED 2/3/2009 ISSUD BY THE 3RD RESPONDENT. EXT.P5 : COPY OF THE STAY ORDER DATED 21/3/2009 OF THE 1ST RESPONDENT. EXT.P6 : COPY OF THE APPEAL NO. LR(A)1-13762/2009 FILED BY THE 4TH RESPONDENT. EXT.P7 : COPY OF OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 2/4/2009. EXT.P8 : COPY OF THE JUDGMENT DATED 8/5/2009 IN WP(C) NO. 13405/2009 OF THIS HON'BLE COURT. EXT.P9 : COPY OF THE ORDER DATED 19/10/2009 OF THE 1ST RESPONDENT. EXT.P10 COPY OF THE PAPER REPORT APPEARED IN MATHRUBHUMI DAILY DATED 5.7.2008. EXT.P11 COPY OF THE LETTER DATED 15/9/2008 OF THE PROJECT OFFICER, DIST. KHADI AND VILLAGE INDUSTRIES, ERNAKULAM. EXT.P12 COPY OF THE APPLICATION IN FORM A OF THE KERALA MINOR MINERAL CONSTRUCTION RULES. EXT.P13 COPY OF THE NOTES NO. DOE/854/E2/09 PREPARED BY THE 3RD RESPONDENT. EXT.P14 COPY OF THE COMPLAINT DATED 11/3/2009 BY THE 4TH RESPONDENT AND OTHERS TO THE 2ND RESPONDENT. (Contd...) WP(C).No. 33037 of 2009(Y) RESPONDENT'S EXHIBITS : EXT.R4(a) : COPY OF CERTIFICATE NO. 11/09 DATED 22.06.09 ISSUED BY THE VILLAGE OFFICER, ALUVA EAST VILLAGE. EXT.R4(b) : COPY OF PROCEEDINGS NO. C8-10622/08 DATED 14.01.2009 OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. EXT.R4(c) : COPY OF PROCEEDINGS NO. C8-10622/08 DATED 27.02.2009 OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 33037 of 2009 Y ``````````````````````````````````````````````````````````` Dated this the 13th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is a Co-operative Society engaged in manufacturing of tiles and potteries adopting traditional methods. Pursuant to Ext.P2 application, the third respondent issued Ext.P4 permit enabling them to quarry clay from the property situated in survey No.190/10-1 of Aluva East village. Against Ext.P4 order passed by the Geologist exercising his powers under the Kerala Minor Mineral Concession Rules, 1967, fourth respondent filed Ext.P6 appeal before the first respondent, Land Revenue Commissioner. The Land Revenue Commissioner initially stayed Ext.P4 and finally disposed of the appeal by Ext.P9 order, virtually vacating Ext.P4. It is aggrieved by Ext.P9 order, this writ petition is filed. 2. Contention raised by the counsel for the petitioner is that the first respondent had no jurisdiction in the matter. W.P.(C) No.33037/2009 : 2 : According to the petitioner, if anybody is aggrieved by Ext.P4, the remedy available is to file appeal under Rule 49 of the Kerala Minor Mineral Concession Rules, 1967 before the appellate authority as notified in notification No.20944/G3/69/LD dated 16.11.1978. It is stated that the Land Revenue Commissioner is not an appellate authority as notified by the Government and, therefore, the proceedings being without jurisdiction, Ext.P9 is liable to be quashed. 3. Ext.P4 itself shows that the said permit has been issued by the third respondent exercising his powers under the Kerala Minor Mineral Concession Rules, 1967. Rule 49 provides for appeal against orders passed by the competent authority or authorised officer to the appellate authority appointed by the State Government in this behalf by notification in the gazette. It is in pursuance to the said power that the aforesaid notification was issued by the Government of Kerala on 16.11.1978. As per the notification, the first appellate authority is the Joint Secretary to Government, W.P.(C) No.33037/2009 : 3 : Industries Department. It is also clarified that in the absence of the said post, the appellate authority shall be the Additional Secretary to Government, Industries Department. Notification further says that the final appellate authority shall be the Special Secretary to Government, Industries Department. Suffice to say that the Land Revenue Commissioner is not an appellate authority either at the first stage or at the second stage. If that be so, the first respondent could not have entertained Ext.P6 appeal filed by the fourth respondent nor could he have issued Ext.P5 order of stay or Ext.P9 order disposing of the appeal. In such circumstances, Ext.P9 order deserves to be set aside and I do so. 4. However, it is clarified that if the fourth respondent is still aggrieved, it will be open to the fourth respondent to seek appellate remedies available under Rule 49 of the Kerala Minor Mineral Concession Rules, 1967, by filing appeal before the appropriate appellate authority. 5. Petitioner submits that during the pendency of the W.P.(C) No.33037/2009 : 4 : writ petition, period specified in Ext.P4 has expired and that they could not seek renewal of the same. Now that Ext.P4 is upheld, it is clarified that it will be open to the petitioner to make an application for renewal of the permit and if such an application is made, orders thereon will be passed, at any rate, within four weeks thereafter. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/13/12 // True Copy // P.A. To Judge