High Court of KeralaWP(C)/35509/2014disposed of

N.A.Thomas v. Geologist

2014-12-30Honourable Mr. Justice Anil K.Narendran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 WP(C).No. 35509 of 2014 (K) ---------------------------- PETITIONER:

------------------ N.A.THOMAS AGED 49 YEARS MANAGING PARTNER, NOBEL GRANITE, VETTAMPARA KOTHAMANGALAM, ERNAKULAM DISTRICT.

BY ADV. SRI.K.I.SAGEER RESPONDENT(S):

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

1. GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE CIVIL STATION, ERNAKULAM, KAKKANAD-682 030.

2. THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, COLLECTORATE, CIVIL STATION ERNAKULAM, KAKKANAD-682 030.

3. SUB INSPECTOR OF POLICE VETTAMPARAM POLICE STATION, VETTAMPARA KOTHAMANGALAM-686 691.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35509 of 2014 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

COPY OF THE SALE DEED NO.1287/2008 DATED 15/2/2008 OF SRO, KOTHAMANGALAM.

EXT.P2.

COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PINDIMANA DATED 28/1/2014.

EXT.P3.

COPY OF THE LICENSE NO.75/14-14/MM/GS/QL/CRPS/DOE/E2/14 DATED 18/6/2014 ISSUED BY THE 1ST RESPONDENT EXT.P4.

COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20/12/2014.

RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S.TO JUDGEs dsn

ANIL K.NARENDRAN, J -------------------------------------------------- W.P.(C)No.35509 Of 2014 -------------------------------------------------- DATED THIS THE 30th DAY OF DECEMBER, 2014

JUDGMENT

The petitioner has been issued with Exhibit P3 quarrying permit to extract and remove granite from the property, having an extent of 2.0325 hectares in Survey No.477/1A/34/8A of Pindimana Village. In order to extract and remove granite, top soil from the property has to be removed. For the said purpose, the petitioner submitted Exhibit P4 application before the 1st respondent. The grievance of the petitioner is that Exhibit P4 application is still pending consideration before the 1st respondent.

Heard arguments of the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. Considering the fact that Exhibit P4 application submitted by the petitioner is still pending consideration before the 1st respondent, this Writ Petition is disposed of directing the 1st respondent to consider and pass appropriate orders on Exhibit P4 application strictly in accordance with law, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of this judgment, with notice to the petitioner.

Sd/- ANIL K.NARENDRAN, JUDGE dsn