G.O. (RT)662/2026/Industries ...

Government of Kerala Abstract: Industries Department - Mining & Geology - Appeal petition submitted by Smt. Padmavathi, Vadakkudan Veedu, Ponnukkara, Thrissur as per the Kerala Minor Mineral Concession Rules 2015 is disposed of. Industries (A) Department G.O.(Rt) No.662/2026/ID Dated, Thiruvananthapuram, 18-06-2026 References: 1. Proceedings No. 33/25-26/OE/2165/C1/TDO/2020 dated 19.09.2025 of the Thrissur Geologist. 2. Appeal petition submitted by Smt. Padmavathi, Vadakkudan Veedu, Ponnukkara, Thrissur on 18.12.2025. 3. Report No. DMG/566/2026-M4 dated 10-02-2026 of the Director of Mining & Geology. Order: The appeal petition submitted by Smt. Padmavathi, Vadakkudan Veedu, Ponnukkara, Thrissur is seen. Permission was granted by the Mining & Geology Department based on the application submitted by the party to remove 1330 metric tons of ordinary earth from the applicant's land in Survey No. 826/P, Puthur Village, Thrissur Taluk, Thrissur District. However, the applicant had submitted an affidavit as per rules stating that the foundation of the building must be completed within a maximum of one year from the date of issuance of transit passes for the removal of ordinary earth along with the application for mineral transit passes, and if not completed within one year, the act of removing ordinary earth will be considered unauthorized and she is liable to pay five times the royalty of the excavated earth in addition to the royalty already paid to the government. Since no documents regarding the completion of the building construction/foundation construction were submitted to the Geologist's office even after one year of obtaining the permission order, a notice was issued on 19/03/2025 and a demand notice on 31/07/2025 informing that she is liable to pay a penalty of 5 times the royalty for the 1330 metric tons of ordinary earth permitted under Rule 14(5) of KMMC Rules 2015 / 14(8) of the amendment rules, amounting to Rs. 1,33,000/- (at the rate of Rs. 20 per ton as the excavation took place before 31.03.2023). As the reply submitted by the party was unsatisfactory, the appeal petition was submitted to the government against the proceedings initiated by the Thrissur Geologist on 19/09/2025, ordering the payment of Rs. 1,33,000/- (Rupees one lakh thirty-three thousand) as 5 times royalty for the 1330 metric tons of ordinary earth, to be paid into the government treasury within 7 days after receiving the order via e-challan. 2. The Additional Secretary of the Industries Department, the appellate authority, conducted a hearing on 09/06/2026, attended by the lawyer for the appellant, the District Geologist, and the Deputy Director of the Mining & Geology Department. 3. The lawyer argued that the foundation could not be constructed due to financial crisis and that they had not removed the entire permitted quantity of earth. Only a very small amount of earth was removed. As per KMMC rules, they are liable to pay a fine only for the ordinary earth excavated from that area. The advocate argued that the demand notice fixed the fine for the entire permitted quantity instead of the excavated quantity. The Geologist stated that the remaining passes were not returned, while the lawyer clarified that the party was unaware of this and the passes were lost. 4. The report provided by the Director of Mining & Geology on the appeal petition is added below. Permission was granted on 16.11.2020 vide order 192/20-21/2165/OE/C1/TDO/2020 for the removal of 665 cubic meters (1330 metric tons) of ordinary earth as part of building construction based on the NOC issued by the Puthur Grama Panchayat Secretary for the application submitted on 22.09.2020 by Smt. Padmavathi and others. The applicant had submitted an affidavit regarding the completion of the foundation within one year. Since no documents were submitted regarding the completion of the building/foundation, and the reply to the demand notice dated 31.07.2025 was unsatisfactory, the appeal was rejected as the party failed to comply with the condition of completing the foundation within one year. 5. The appellate authority examined the matter based on the arguments and the report. The Mining & Geology Department granted permission based on the building permit. The lawyer argued that the full quantity was not excavated. The Geologist reported that the remaining passes were not returned. In these circumstances, the Geologist is directed to assess the actual quantity of earth excavated in the presence of the party and the Panchayat authorities, and to issue a fresh demand notice to collect the penalty. The appeal petition is disposed of accordingly. (By order of the Governor) Bi Ajitha, Additional Secretary.