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High Court of KeralaWP(C)/14305/2015disposed of

Fr.James Ponganayil v. The Senior Geologist

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14305 of 2015 (K) ---------------------------- PETITIONER(S) :- ----------------- FR.JAMES PONGANAYIL, AGED 43 YEARS S/O.MATHEW, VICAR, ST.THOMAS OLD CHURCH PUNNATHURA EAST.P.O., KIDANGOOR VILLAGE MEENACHIL TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S) :- ------------------

1. THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY KOTTAYAM DISTRICT-686 609.

2. THE DIRECTOR MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695 001.

3. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI.MOHAMED SHAFI M.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14305 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- P1- TRUE COPY OF THE MINING PERMIT DATED 13.10.2014 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

P2- TRUE COPY OF THE APPLICATION DATED 28.01.2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.14305 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner approached this Court aggrieved by nonconsideration of the application submitted by him for renewal of mining permit. The petitioner submits that the Geologist insisted for production of environmental clearance and mining plan. The petitioner relies on Rule 12 of the Kerala Minor Mineral Concession Rules, 2015. The petitioner submits that in view of the fact that he is a holder of valid permit, which expired, he need not produce environmental clearance or mining plan.

2.

Therefore, there shall be a direction to the first respondent, after advering to the above Rule, to consider the application submitted by the petitioner and dispose the same within a period of two weeks from the date of receipt of a copy of this judgment. It is made clear that fresh NOC is not necessary from the District Collector for this purpose. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt