High Court of KeralaWP(C)/12130/2015disposed of

K.Chandran v. State Of Kerala

2015-04-10Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12130 of 2015 (M) ---------------------------- PETITIONER:

------------------- K.CHANDRAN, PUNARTHAM, ELIPODE, THIRUMALA, THIRUVANANTHAPURAM - 695 571.

BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR OF MINING AND GEOLOGY, DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM - 695 001.

3. DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM - 695 001.

BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12130 of 2015 (M) ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1 :

TRUE COPY OF THE QUARRYING PERMIT DATED 24.3.2014 VALID TILL 9.2.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2 :

TRUE COPY OF THE APPLICATION DATED 8.4.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS:

- NIL -------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 12130 of 2015 -------------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"1. Issue a writ of mandamus or other appropriate writ order or direction directing the 3rd respondent to dispose off Ext.P2 application for renewal of Ext.P1 quarrying permit submitted by the petitioner as per Rule 12 of the Kerala Minor Mineral Concession Rules, 2015 as expeditiously as possible, at any rate within 2 weeks.

2. To issue such other directions as this Honourable Court may deem fit to grant on the facts and circumstances of the case."

The learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of Ext.P2 application for renewal of Ext.P1 quarrying permit as per Rule 12 of the Kerala Minor Mineral Concession rules, 2015. The prayer is only to cause the same to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well, who submits that it can be considered in the light of KMMC Rules, 2015 and also in the light of the judgment rendered by the Division Bench of this Court reported in All Kerala River Protection Council v. State of Kerala (2015 (2) KLT 78)

W.P.C. No. 12130 of 2015 -23. After hearing both the sides, the writ petition is disposed of, directing the 3rd respondent to consider and pass appropriate orders on Ext.P2 in accordance with law, also in the light of the relevant provisions of the KMMC Rules, 2015 and the decision rendered by a Division Bench of this Court in All Kerala River Protection Council v. State of Kerala (2015 (2) KLT 78), at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE.

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