Kerala High Court
M/S. Cmj Granites vs State Of Kerala
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938
WP(C).No. 21141 of 2016 (P)
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PETITIONER(S):
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M/S. CMJ GRANITES
BUILDING NO. 8/215, MARIYAPURAM, IDUKKI,
REPRESENTED BY ITS MANAGING PARTNER,
SEBASTIAN C. JACOB.
BY ADVS.SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
INDUSTRIES [A] DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2. THE DIRECTOR OF MINING AND GEOLOGY
GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTOM P.O,
THIRUVANANTHAPURAM, PIN 695 001.
3. THE GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, IDUKKI,
MINI CIVIL STATION, THODUPUZHA 685 584.
R BY GOVERNMENT PLEADER SMT. C K SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21141 of 2016 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1. COPY OF THE NOC ISSUED BY THE REVENUE AUTHORITIES TO THE
PETITIONER FOR QUARRYING DATED 22.7.06.
EXHIBIT P2. COPY OF QUARRYING LEASE ISSUED BY THE RESPONDENTS TO THE
PETITIONER DATED 23.11.06.
EXHIBIT P3. COPY OF CONSENT TO OPERATE ISSUED BY THE POLLUTION
CONTROL BOARD DATED.
EXHIBIT P4. COPY OF LICENSE ISSUED BY THE LOCAL GRAMA PANCHAYAT TO
THE PETITIONER.
EXHIBIT P5. COPY OF EXPLOSIVE LICENSE ISSUED BY THE EXPLOSIVE
DEPARTMENT TO THE PETITIONER.
EXHIBIT P6. COPY OF CERTIFICATE OF COMPETENCY ISSUED TO THE BLAST
MAN OF THE PETITIONERS QUARRY.
EXHIBIT P7. COPY OF NOTICE DATED 15.6.16 ISSUED BY THE RESPONDENTS
TO THE PETITIONER.
EXHIBIT P8. COPY OF REQUEST DATED 20.6.16 SUBMITTED BY THE
PETITIONER FOR INSTALMENT FACILITY.
RESPONDENT(S)' EXHIBITS: NIL
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TRUE COPY
P.A TO JUDGE
jma
K. VINOD CHANDRAN, J
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W.P(C) No.21141 of 2016
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Dated this the 23rd day of June, 2016
J U D G M E N T
The petitioner is a grantee of quarrying lease. The respondents have conducted an inspection in the premises alleging that the petitioner has removed rock from beyond the permissible lease area and imposed Rs.29,00,088/- as fine. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:
(i) The petitioner shall produce a certified copy of this judgment before the respondents within two weeks of receipt of the same.
(ii) The 3rd respondent shall grant six monthly instalments for the payment of the amount, starting from 23.07.2016, and on the 23rd of the successive months.
(iv) Ext.P7 shall be kept in abeyance for the instalment period on condition that the remittances as per this order are made in time without any default.
WPC.No.21141/2016 : 2 :
(v) On the petitioner making one default, the proceedings initiated shall revive and continue.
(vi) On the petitioner satisfying the entire arrears, the proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge