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High Court of KeralaWP(C)/37156/2015disposed of

K.P.Subramanian v. The District Geologist

2015-12-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 WP(C).No. 37156 of 2015 (T) ---------------------------- PETITIONER :

----------------------- K.P.SUBRAMANIAN, S/O MAMBI, AGED 40 YEARS, KEEZHPADATH, VATTAMKULAM VILLAGE, ANAKKARA P.O, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT -676 505

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 SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 37156 of 2015 (T) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE QUARRYING PERMIT DT. 13/2/2012 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXT.P2:

TRUE COPY OF THE APPLICATION DT. 23/11/2015 SUBMITTED BY THE PETITONER BEFORE THE FIRST RESPONDENT EXT.P3:

TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT 18/9/15 IN WPC.NO. 28506/2015 RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 37156 of 2015 ================== Dated this the 8th day of December, 2015

J U D G M E N T

The petitioner was the holder of quarrying permit. Ext.P1 is the permit. The permit period expired on 12.2.2013. According to the petitioner after removal of the laterite stone, in the area waste of laterite stone has been accumulated and it has to be removed and transported. Therefore the petitioner had approached the Geologist to issue necessary O.A forms. 2.

This Court is of the view that the Geologist shall conduct an inspection to find out whether there is an accumulation of waste of laterite stone. If there is any waste of laterite stone, the petitioner shall be permitted to transport the same and necessary O.A Form shall be issued in this regard. Needful shall be done within four weeks from the date of receipt of the copy of this judgment.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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