← Library
High Court of KeralaWP(C)/14309/2015disposed of

Ithappiri Varghese v. The District Geologist, Ernakulam

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. 14309 of 2015 (K) ---------------------------- PETITIONER(S) :- ------------------ ITHAPPIRI VARGHESE, AGED 65 YEARS S/O.ITHAPPIRI, EDAPPARAYIL HOUSE, MUZHUVANNOOR VILLAGE MUZHUVANNOOR PO, KUNNATHUNADU TALUK ERNAKULAM DISTRICT.

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

1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY ERNAKULAM DISTRICT-682030.

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

3. THE STATE OF KERALA, REP. 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:

jvt

WP(C).No. 14309 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ------------------------------ P1 : TRUE COPY OF THE BUILDING PERMIT DATED 21-3-2015 ISSUED BY THE SECRETARY, MUZHUVANNOOR GRAMA PANCHAYATH. P2 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 26-3-2015.

P3 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN THE WRIT PETITION SUBMITTED BY THE PETITIONER DATED 10-4-2015 IN WPC.NO.12145 OF 2015.

P4 : TRUE COPY OF THE ORDER DATED 8-5-2015 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

P5 : TRUE COPY OF THE GO NO.12/14/ENVT DATED 15-11-2014. P6 : TRUE COPY OF THE GO NO.2/14/ENVT DATED 21-2-2014. P7 : TRUE COPY OF THE INTERIM ORDER OF HONOURABLE NATIONAL GREEN TRIBUNAL DATED 31-3-2015 IN APPLICATION NO.67/2015. RESPONDENT(S)' EXHIBITS :- NIL --------------------------------- //TRUE COPY// P.A. TO JUDGE

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.14309 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner submits that his application for transportation of ordinary earth may be considered in the light of Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015 in the light of Ext.P3 judgment, notwithstanding Ext.P7 order passed by the National Gree Tribunal (NGT).

2.

As the challenge before the NGT was only with regard to the government orders and the Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015 is not a subject matter before the NGT, there shall be a direction to the first respondent to do the needful to comply with Ext.P3 judgment within a period of one week from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt