High Court of KeralaWP(C)/34588/2014disposed of

Subhash Kumar v. The Geologist

2015-05-29Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 ----------------------------------------- PETITIONER(S):

--------------------- SUBHASH KUMAR, SUBASH BHAVANAM, THANNITHODE PO, KOZHENCHERI, PATHANAMTHITTA 689 699.

BY ADVS.SRI.THAMPAN THOMAS SRI.B.V.JOY SANKER SRI.SHAFFIE THOMAS SMT.JANCY ALEX SRI.SANEESH KUNJUNJH SRI.MATHEWS JOSEPH RESPONDENT(S):

------------------------ * 1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY , DISTRICT OFFICE MINI CIVIL STATION, THODUPUZHA, IDUKKI DISTRICT 685 553. [CORRECTED] RESPONDENT R1 CORRECTED THE GEOLOGIST DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, ARANMULA PO.

PATHANAMTHITTA DT. - 689 553.'

R1 CORRECTED AS PER ORDER DATED 18.02.2015 IN IA 2417/15

2. PRAMADAM GRAMA PANCHAYATH LAKKOOR, MALASSERY PO, PATHANAMTHITTA DISTRICT PIN 689 646, REPRESENTED BY ITS SECRETARY

3. SECRETARY PRAMADOM GRAMA PANCHAYATH, LAKKOOR, MALASSERY PO PATHANAMTHITTA DISTRICT, PIN 689 646.

.....2/-

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4. PRESIDENT PRAMADOM GRAMA PANCHAYATH, LAKKOOR, MALASSERY PO PATHANAMTHITTA DISTRICT, PIN 689 646.

R1 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA R2&3 BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE PERMIT ISSUED BY THE IST RESPONDEDNT IN FORM-U DATED 25/6/2014 ,VALID UPTO 9//2/2015 EXHIBIT P2 COPY OF THE RECEIPT OF LICENSE FEE PAID DURING 2010-11 FOR D & O LICENSES ISSUED BY THE SECRETARY OF PRAMADAM PANCHAYATH DATED 20/12/2010 EXHIBIT P3 COPY OF THE CONSENT RENEWAL ORDER TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 17/9/2014 EXHIBIT P4 COPY OF THE LICENSE ISSUED BY THE CHIEF CONTROLLER OF EXPLOSIVE DATED 22/4/2013 EXHIBIT P5 COPY OF THE LICENSE TO POSSESS EXPLOSIVES ISSUED BY JOINT CONTROLLER OF EXPLOSIVE DATED 19/7/12 EXHIBIT P6 COPY OF THE SHOT FIRE'S CERTIFICATE DATED 22/4/2013 EXHIBIT P7 COPY OF THE NOC ISSUED BY FIRE & RESCUE DEPARTMENT DATED 10/10/2014 EXHIBIT P8 COPY OF THE RESOLUTION DATED 9/10/2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.34588 of 2014 --------------------------------------------- Dated this the 29th day of May, 2015

JUDGMENT

As the period for which the petitioner has submitted an application is over by this time, this writ petition is disposed of reserving the right of the petitioner to approach the respondent Panchayat with a fresh petition for license. In the event of filing such a petition, the petition shall be considered and disposed of by the respondent Panchayat, after affording the petitioner an opportunity of being heard.

sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE