High Court of KeralaWP(C)/14352/2015disposed of

Sunilkumar v. The Senior Geologist, Kottayam

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. 14352 of 2015 (T) ---------------------------------------- PETITIONER(S):

---------------------- SUNILKUMAR, AGED 51 YEARS S/O.OMANA, PUTHANPURAYIL, MEVALLOOR PO, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

1. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY KOTTAYAM DISTRICT 686609.

2. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM 695001.

3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001. BY SENIOR GOVERNMENT PLEADER SRI.MOHAMMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14352 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE MINING PERMIT DATED 03.12.2014 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.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.14352 of 2015 ============================ Dated this the 12th day of May, 2015

JUDGMENT

The petitioner approached this Court aggrieved by non-consideration 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.

Considering the facts and circumstances, there shall be a direction to the first respondent, after adverting 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 No Objection Certificate is not necessary from the District Collector for this purpose.

The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/13/05/15