High Court of KeralaWP(C)/33115/2015disposed of

Suresh K.V v. The District Geologist

2015-10-30Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 WP(C).No. 33115 of 2015 (L) ---------------------------- PETITIONER:

------------------- SURESH K.V, S/O.VIJAYAN, AGED 36 YEARS, KUTHANGAL HOUSE, NERIYAMANGALAM.P.O., NERIYAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.

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

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1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM DISTRICT - 682 030.

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 SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33115 of 2015 (L) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE MINING PERMIT DATED 6.3.2009 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

EXT. P2 :

TRUE COPY OF THE G.O.(P)NO.144/2015/ID DATED 5.10.2015. EXT. P3 :

TRUE COPY OF THE APPLICATION DATED 13.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A. MUHAMED MUSTAQUE, J ------------------------------------------------------ W.P.(C).No. 33115 of 2015 ------------------------------------------------------ Dated this the 30th day of October, 2015

JUDGMENT

The petitioner approached 1st respondent-The District Geologist for renewing quarrying permit. The petitioner submits that, in the light of Ext.P2 Government Order, the Geologist has consider the application without environmental clearance or mining plan.

2. This Court is of the view that the Geologist shall take a decision whether Ext.P2 Government Order would apply or not. If Ext.P2 Government Order would apply necessarily, without insisting for environmental clearance or mining plan, the renewal application shall be considered. Needful shall be done within a period of three weeks.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr