Kerala High Court
Bindhu P.A vs The Deputy Secretary To Government ...
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 10TH DAY OF AUGUST 2018 / 19TH SRAVANA, 1940
WP(C).No. 25612 of 2018
PETITIONER:
BINDHU P.A
THEVARMADATHIL HOUSE, MANNATHOOR P.O.,
ERNKULAM
BY ADVS.SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
RESPONDENTS:
1. THE DEPUTY SECRETARY TO GOVERNMENT INDUSTRIES (A)
DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001
2. THE DISTRICT GEOLOGIST
DISTRICT OFFICE OF MINING & GEOLOGY DEPARTMENT,
ERNKAULAM, KAKKANAD-682 030
3. THE DIRECTOR OF MINING & GEOLOGY DEPARTMENT,
TRIVANDUM-695 001
4. STATE OF KERALA
REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT,
SECRETARIAT, TRIVANDRUM- 695 001
R1 TO R4 BY ADV. SRI. P.M. MANOJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 25612 of 2018 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF APPLICATION
DATED 12-2-2018 SUBMITTED ON 1-6-2018
EXHIBIT P2 TRUE COPY OF PROCEEDINGS DT.7-7-2018 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE QUARRYING PERMITS ISSUED TO
THE PETITIONER SINCE 2009-2010 TO 2015-2016
EXHIBIT P4 TRUE COPY OF APPEAL MEMORANDUM FILED BY THE
PETITIONER U/R.98(1) OF THE KMMCR, 2015
EXHIBIT P5 TRUE COPY OF STAY PETITION FILED ALONG WITH THE
APPEAL
EXHIBIT P6 TRUE COPY OF CHALAN SHOWING REMITTANCE OF
APPEAL FEE
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
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20.08.2018
SHAJI P. CHALY, J.
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W.P.(C) No. 25612 of 2018
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Dated this 10th day of August, 2018
JUDGMENT
Petitioner on the strength of permits/consent/license was operating a quarry. However, it had to be stopped by the year 2016 in the wake of the law that in order to conduct quarrying operations on the basis of permits, the permit holder has to obtain an Environmental Clearance. Thereupon, petitioner has obtained Environmental Clearance and submitted Ext. P1 application for quarrying lease. While processing Ext. P1, 2nd respondent had issued a proceeding dated 07.07.2018, whereby petitioner is imposed with an amount of Rs.93,49,154/- as arrears of royalty, price and fine towards excess quarrying from the permitted area, evident from Ext. P2. Being aggrieved by Ext. P2 order issued, petitioner had submitted Ext. P4 appeal and Ext. P5 stay petition which are pending consideration W.P.(C) No. 25612 of 2018 2 before the 1st respondent. Seeks direction for an early disposal of the same.
2. Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the 1st respondent to consider Ext. P4 appeal itself and pass final orders at the earliest, and at any rate, within three months from the date of receipt of a copy of this judgment, on condition that petitioner remits 30% of the amount prescribed under Ext. P2, within a month from today. In the meanwhile, there will be a direction to the 2 nd and 3rd respondents to process Ext. P1 application in accordance with law.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE uu 13/08/2018 //TRUE COPY// P.A. TO JUDGE