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High Court of KeralaWP(C)/39653/2015disposed of

Saji Ulahannan v. Geologist, Idukki

2015-12-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39653 of 2015 (F) ---------------------------- PETITIONER :

--------------------- SAJI ULAHANNAN, S/O. ULAHANNAN, RESIDING AT PANTHAPPALLIL HOUSE, NEDUMKANDAM.P.O., IDUKKI-685 553 BY ADV. SRI.MATHEW A KUZHALANADAN RESPONDENT(S):

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1. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, IDUKKI, MINI CIVIL STATION, THODUPUZHA, IDUKKI-686 001

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

3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINING AND GEOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.39653/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE QUARRYING PERMIT NO.CRPS.13/14-15/GBS/DOI/876/M/2014, DATED 4/10/2014, ISSUED BY THE 1ST RESPONDENT GEOLOGIST. P2 COPY OF THE RENEWAL APPLICATION DATED 7/10/2015 SUBMITTED BY THE PETITIONER.

P3 COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP NO.22073/2015 DATED 16/12/2015.

RESPONDENT'S EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 39653 of 2015 ---------------------------------------------------- Dated this the 23rd day of December,2015

J U D G M E N T

------------------------- The petitioner is the holder of quarrying permit. The petitioner submits that in the light Ext.P3 order of the Hon'ble Supreme Court, he is entitled for renewal or quarrying permit without environmental clearance.

2.

This Court is of the view that the Geologist shall verify whether the petitioner had valid permit as on 9.1.2015. If he had a valid permit as on 9.1.2015, in the light of Ext.P3 order of the Hon'ble Supreme Court, the quarrying permit of the petitioner shall be renewed within a period of two weeks from the date of receipt of a copy of this judgment. However, it is made clear that, this will be subject to further orders of the Hon'ble Supreme Court.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/