Kkj Group International (India) Private Limited v. Tribunal For Local Self Government Institutions

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 WP(C).No. 30658 of 2015 (F) ---------------------------- PETITIONER(S):

---------------- KKJ GROUP INTERNATIONAL (INDIA) PRIVATE LIMITED REP. BY ITS MANAGING DIRECTOR, DR.K.K.JOSEPH, AGED 50 YEARS S/O.UTHUPU JOSEPH, ASHIYANA TOWERS, KKJ TOWNSHIP, PERUMBADAVOM P.O, 686 665, ELANJI, ERANKULAM BY ADVS.SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY RESPONDENT(S):

---------------------------- 1.

TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS SREEMOOLAM BUILDINGS, COURT CMOMPLEX, VANCHIYOOR, THIRUVANANATHAPURAM-695 035.

2.

VELIYANNOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY VELIYANNOOR P.O- 686 638 3.

THE SECRETARY, VELIYANNOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY VELIYANNOOR P.O- 686 638 BY ADV.K.A.SANJEETHA,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) NO.30658/2015 APPENDIX PETITIONERS EXHIBITS P1-TRUE COPY OF ORDER NO.412/2010-11/5408/M3/2010 DATED 4.10.2010 ISSUED BY DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM TO PETITIONER P2-TRUE COPY OF THE QUARRYING LEASE DATED 18.11.2010 EXECUTED IN FAVOUR OF THE PETITIONER BY THE GOVERNMENT OF KERALA REGISTERED AS DOCUMENT NO.2047 OF 2010 RAMAPURAM SUB REGISTRY P3-TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE NO.PCB/KTM/ICO/RS/2832/2015 DATED 31.12.2015 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER P4-TRUE COPY OF NO OBJECTION CERTIFICATE NO.H4-44201/2009/K.DIS DATED 11.6.2010 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, KOTTAYAM TO PETITIONER.

P5-TRUE COPY OF LICENSE NO.E/SC/KL/22/1305 (E55784) DATED 31.10.2011 ISSUED BY THE CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI TO PETITIONER.

P6-TRUE COPY OF SHORT FIRER'S CERTIFICATE NO.E/SE/KL/30/261 (E58967) DATED 18.1.2011 ISSUED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM P7-TRUE COPY OF ORDER NO.A5-581/14 DATED 30.1.2014 ISSUED BY THE 3RD RESPONDENT TO PETITIONER.

P8-TRUE COPY OF ORDER NO.A5-581/14 DATED 18.3.2014 ISSUED BY THE 3RD RESPONDENT TO PETITIONER.

P9-TRUE COPY OF APPEAL NO.487 OF 2014 ON THE FILE OF 1ST RESPONDENT, FILED BY PETITIONER.

P10-TRUE COPY OF ORDER NO.A5-581/13 DATED 27.4.2014 ISSUED BY THE 3RD RESPONDENT TO PETITIONER P11-TRUE COPY OF APPEAL NO.688 OF 2014 ON THE FILE OF 1ST RESPONDENT FILED BY PETITIONER RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 30658 OF 2015 --------------------------------------- Dated this the 9th day of October, 2015

JUDGMENT

Ext.P8 order is under challenge in Ext.P9 appeal and Ext.P10 order is under challenge in Ext.P11 appeal. Both the appeals are pending consideration with the first respondent. The same pertains to the licence to operate a quarry.

2.

I direct the first respondent to pass final orders in Ext.P9 and Ext.P11 appeals. The same shall be done after hearing the affected parties. Every endeavour shall be made to take the proceedings to a logical end within a period of three months from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

V.CHITAMBARESH, JUDGE sks