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High Court of KeralaWP(C)/34453/2015disposed of

Vsc Crusher India Pvt.Ltd v. State Of Kerala

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 34453 of 2015 (F) ---------------------------- PETITIONER:

------------------- VSC CRUSHER INDIA PVT.LTD, NEMOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, V.SUDHAKARAN.

BY SRI.BECHU KURIAN THOMAS (SENIOR ADVOCATE) ADV. SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695 001.

3. DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 34453 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1:

TRUE COPY OF THE QUARRYING PERMIT DATED 04.07.2012 VALID TILL 03.07.2013.

EXT.P2:

TRUE COPY OF THE QUARRYING PERMIT DATED 09.06.2014 VALID TILL 09.02.2015.

EXT.P3:

TRUE COPY OF THE JUDGMENT DATED 12.05.2015 IN W.P.C.NO.14264/2015 ON THE FILES OF THIS HON'BLE COURT. EXT.P4:

TRUE COPY OF THE AMENDMENT TO THE KERALA MINOR MINERAL CONCESSION RULES, 2015 DATED 05.10.2015 AS PER SRO NO.671/2015.

EXT.P5:

TRUE COPY OF THE ORDER DATED 30.10.2015 IN SLP NO.30103/15 ON THE FILES OF THE HON'BLE SUPREME COURT OF INDIA. EXT.P6:

TRUE COPY OF THE REPRESENTATION DATED 04.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P7:

TRUE COPY OF THE ORDER DATED 7.12.2015 IN SLP(C) 30103/2015 ON THE FILES OF THE HON'BLE SUPREME COURT.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.34453/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st Day of December, 2015

J U D G M E N T

The petitioner claims that he is the holder of Ext.P1 quarrying licence which is renewed upto 09/02/2015. The petitioner submitted that in the light of Exhibit P1, the petitioner is entitled for renewal of licence without environmental clearance.

2.

This Court is of the view that the Geologist shall verify whether the petitioner was the holder of the permit as on 09/01/2015 and if it is found that the petitioner was the holder of the permit as on 09/01/2015, his permit shall be renewed within a period of two weeks, subject to further decision of the Hon'ble Supreme Court in SLP No.30103 of 2015 and connected matters.

The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms