Kerala High Court
Kannankulavan Kunhumuhammed vs The State Of Kerala on 18 November, 2014
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY,THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938
WP(C).No. 11896 of 2016 (J)
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PETITIONER :
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KANNANKULAVAN KUNHUMUHAMMED
S/O. ALAVI HAJI, KOTTEKKAT HOUSE
PUYLIYAKKODE, KUZHIMANNA
MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENT(S) :
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1. THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
INDUSTRIES (A) DEPARTMENT
GOVERNMENT SECRETARIAT
TRIVANDRUM,PIN - 695 001.
2. THE DIRECTOR OF MINING AND GEOLOGY
THIRUVANANTHAPURAM,PIN - 695 001.
3. THE GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY
MINI CIVIL STATION, MANJERI
MALAPPURAM DISTRICT, PIN - 676 121.
R1 TO R3 BY GOVT. PLEADER SRI. BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
....2/-
WP(C).No. 11896 of 2016 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS :
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EXT. P1 TRUE COPY OF THE ORDER PASSED BY THE IST RESPONDENT
GRANTING MINING LEASE TO THE PETITIONER FOR EXTRACTION OF
LATERITE DATED 18-11-2014.
EXT. P2 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT AS
NO. 218/M1/2014 DATED 31-3-2015.
EXT. P3 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT AS
NO. D.O.M./M.3133/2015 DATED 21-3-2016.
EXT. P4 TRUE COPY OF THE JUDGMENT DATED 17-2-2016 IN WP(C)
NO. 6025/2016 OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.S. TO JUDGE
Mn
A. Muhamed Mustaque, J.
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W.P.(C)No.11896 of 2016
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Dated this the 29th day of March, 2016.
JUDGMENT
1. The petitioner is the holder of quarrying permit. The petitioner submits that in the light of the order of the Hon'ble Supreme Court, he is entitled for renewal of 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 the order of the Hon'ble Supreme Court, the quarrying permit of the petitioner shall be renewed within a period of one week 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 Courtin S.L.P.(C) W.P.(C)No.11896 of 2016 -:2:- No.30103/2015 and connected cases.
The writ petition is disposed of as above.
Sd/ A. Muhamed Mustaque, Judge.
sl.
The words "quarrying permit" mentioned in the judgment dated 29.03.2016 in W.P.(C)No.11896/2016 are corrected as "mining lease"
as per order dated 05.04.2016 in I.A.4849/2016 in W.P.(C) No.11896/2016.
Sd/- Registrar (Judl.)