Kerala High Court
Kuruvila Thomas vs Deputy Chief Controller Explosives on 27 July, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.24183/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 27th day of July 2022 / 5th Sravana, 1944
WP(C) NO. 24183 OF 2022
PETITIONER:
KURUVILLA THOMAS, S/O VARGHESE THOMAS, NAMBIAPARAMBIL KOCHUKUDIYIL
HOUSE, KALLORKAD, KALOOR, PIN-686668 NOW RESIDING AT 4A, 4TH FLOOR,
SERENEDE, MATHER APARTMENTS, PAVOOR ROAD, PADIVATTAM, EDAPPALLY P.O,
ERNAKAULAM - 682024
RESPONDENTS:
1. DEPUTY CHIEF CONTROLLER EXPLOSIVES, OFFICE OF THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM,
KOCHI - 682 037.
2. DIRECTOR OF MINING AND GEOLOGY KESAVADASAPURAM PATTOM PALACE,
THIRUVANANTHAPURAM - 695 004
3. DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PAINAVU,
IDUKKI, PIN-685603
4. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
MINI CIVIL STATION, THODUPUZHA, IDUKKI - 685584
5. M/S THOMSUN GRANITES WEST KODIKULAM, THODUPUZHA IDUKKI DISTRICT.,
PIN-685582, REPRESENTED BY ITS MANAGING PARTNER
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents No.1 to 4 to ensure that no mining
activities are conducting in the property mentioned in Ext.P1 violating
the Explosives Act, Explosive Rules, 2008, and Kerala Mines and Minerals
(Development and Regulation) Act, during the pendency of the Writ
Petition, in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.BINU PAUL, Advocate for the petitioner, the court passed the
following:
WP(C) No.24183/2022 2/3
ORDER
Central Government Counsel to get instructions as to whether an NOC is required for issuing the LE-3 licence in question and if so whether an NOC has been obtained.
Post on 01.08.2022.
Handover.
27.07.2022 Sd/- N.NAGARESH, JUDGE 27-07-2022 /True Copy/ Assistant Registrar WP(C) No.24183/2022 3/3 APPENDIX OF WP(C) 24183/2022 Exhibit P1 THE TRUE COPY OF THE QUARRYING LEASE DATED 04.10.2010 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.