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High Court of KeralaWP(C)/13464/2015disposed of

N.T.Vinod Kumar v. The Director Mining And Geology

2015-05-05Honourable Smt. Justice P.V.Asha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 WP(C).No. 13464 of 2015 (G) ---------------------------- PETITIONER:

----------- N.T.VINOD KUMAR, AGED 40 YEARS S/O.TRIVIKRAMAN NAIR, NADAKASALA HOUSE, KARUKUTTY P.O. ERNAKULAM - 683 576.

BY ADVS.SRI.V.K.BEERAN (SR.) SRI.V.P.REGHURAJ SRI.V.SHYAM RESPONDENTS:-:

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1. THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPT. OF MINING & GEOLOGY CIVIL STATION, ERNAKULAM, KOCHI - 682 530.

3. THE VILLAGE OFFICER, PARAKADAVU VILLAGE, PARAKADAVU, ALUVA - 683 579. NOUSHAD THOTTATHIL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-05-2015, ALONG WITH WPC NOS.13469 & 13471 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RKC

WP(C).No. 13464 of 2015 (G) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- EXHIBIT P1. THE TRUE COPY OF THE QUARRYING PERMIT DATED 29.12.2010 OF THE MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, ERNAKULAM. EXHIBIT P2. THE TRUE COPY OF THE QUARRYING PERMIT DATED 22.12.2011 OF THE MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, ERNAKULAM. EXHIBIT P3. THE TRUE COPY OF THE QUARRYING PERMIT DATED 27.01.2014 OF THE MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, ERNAKULAM. EXHIBIT P4. THE TRUE COPY OF THE LICENSE DATED 03.06.2009 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM. EXHIBIT P5. THE TRUE COPY OF CONSENT DATED 07.02.2014 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

EXHIBIT P6. THE TRUE COPY OF THE LICENSE DATED 01.04.2014 ISSUED BY PARAKADAVU GRAMA PANCHAYATH.

EXHIBIT P7. THE TRUE COPY OF THE ORDER DATED 12.03.2015 OF THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS: NIL RKC TRUE COPY PA TO JUDGE

P.V.ASHA, J., W.P.(C) Nos.13464, 13469 & 13471 of 2015 Dated this the 5th day of May, 2015

JUDGMENT

Since the issue involved in these cases are the same, these writ petitions are disposed of by a common judgment.

2. The prayer in these writ petitions are for a direction to the 2nd respondent to receive the applications for renewal of quarrying permit and to consider the same in accordance with law. There is a further prayer to the third respondent to issue location sketch of the petitioners' properties proposed to be quarried.

3. This Court has in the judgment dated 24.4.2015 in W.P. (C) No.12946 of 2015 elaborately considered the issue involved in the case and directed respondents 2 and 3 therein to consider the request in accordance with law and in the light of the judgment reported by this Court in All Kerala River Protection Council Vs. State of Kerala [2015 (2) KLT 78] to receive the application for renewal of quarrying permit/issue of location sketch of the property proposed to be quarried.

W.P.(C) Nos.13464, 13469 & 13471 of 2015 :2:

4. In the light of the above judgment, there will be a direction to respondent Nos.2 and 3 to receive the applications submitted by the petitioners for renewal of license and to issue location sketch of the petitioners' properties proposed to be quarried, strictly in accordance with law and to process the same in case there is no legal impediment, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment.

The writ petitions are disposed of accordingly. Sd/- P.V.ASHA, JUDGE.

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