J.Robberterse v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 WP(C).No. 17096 of 2015 (J) ---------------------------- PETITIONER:
----------- SRI.J.ROBERTERSE AYYAMPURATHU MELE VEEDU, KULANGARAKONAM, MACHERI P.O., THIRUVANANTHAPURAM-695571.
BY ADVS.SRI.BECHU KURIAN THOMAS SRI.ENOCH DAVID SIMON JOEL RESPONDENTS:
------------
1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695001.
R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.T.O.
WP(C).No. 17096 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
----------------------- EXHIBIT P1- TRUE COPY OF THE QUARRYING PERMIT DATED 5-2-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P2- TRUE COPY OF THE RECEIPT ISSUED BY 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL ------------------------ //TRUE COPY// P.S.TO JUDGE SVS
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 17096 of 2015 (J) ------------------------------------------ Dated this the 14th day of July, 2015
J U D G M E N T
The petitioner seeks renewal of his quarry permit produced at Ext.P1 on the ground that the same was current as on 9.1.2015. However, Ext.P1 is a short term permit issued by the State Government on 5.2.2014 and the petitioner admittedly did not have an Environmental Clearance Certificate issued by the concerned authority. 2.
No renewal can be granted going by the binding precedent of Amal Mathew v. District Geologist - 2015 (3) KLT 13.
In such circumstance, leaving open the remedy of the petitioner to approach the appropriate authority for Environmental Clearance Certificate and then seek for permit, the Writ petition would stand closed. Sd/- K.VINOD CHANDRAN, JUDGE jjj