IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 20073 OF 2022
PETITIONER
GREEN STONE ROCK PRODUCTS PVT LTD
REP. BY ITS DIRECTOR BINIL.K.JOHN, TC/22/326/23 & 24,
GROUND FLOOR, TOWER, GURUVAYUR ROAD, THRISSUR-680 001.
BY ADVS.
BABY KURIAKOSE
M.V.ASHIM
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KASARGOD
CIVIL STATION, KASARAGOD - 671 123.
2 DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR CSEZ P.O,
KAKKANAD, ERNAKULAM- 682 037.
3 SUB COLLECTOR
KASARAGOD, KANHANGAD - 671 123.
4 TAHASILDAR,
VELLARIKKUNDU TALUK, KASARAGOD DISTRICT
5 BALAL GRAMA PANCHAYATH
REP. BY ITS SECRETARY BALAL P.O, KASARAGOD DISTRICT,
PIN- 671 533.
6 DISTRICT POLICE CHIEF,
KASARAGOD - 671 123.
7 DIVISIONAL FOREST OFFICER,
KASARAGOD DIVISION, VANASREE COMPLEX, UDAYAGIRI,
VIDYANAGAR, KASARAGOD - 671 123.
SRI. SAJAN T.P (SPL.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.20073 OF 2022
2
JUDGMENT
Dated this the 28th day of June, 2022 The petitioner, a Private Limited Company engaged in the business of manufacturing of rock products, has approached this Court seeking to direct the 1st respondent to issue No Objection Certificate (NOC) to the petitioner.
2. The petitioner states that the Company submitted an application for explosive licence to store magazine for quarrying operation in the property comprised in Survey No.146/4A5 of Balal Village, Vellarikkundu Taluk in Kasaragod District. Ext.P3 is the application. The application was submitted during November, 2014. According to the petitioner, the 5th respondent-Grama Panchayat submitted a report recommending issuance of NOC in favour of the petitioner. The District Police Chief also noted that there is nothing adverse against the petitioner for possessing the use of explosives. The 7th respondent-Divisional Forest Officer certified that the land is WP(C) NO.20073 OF 2022 3 not a forest land. Inspite of all these positive recommendations, the petitioner has not been issued NOC so far. It is in such circumstances that the petitioner has approached this Court.
3. The Special Government Pleader (Forests) entered appearance on behalf of the 7th respondent and contested the writ petition. The Special Government Pleader (Forests) denied all the allegations made by the petitioner in the writ petition. However, it is submitted that since Ext.P3 application is of a statutory nature, the same can be considered in accordance with law, within a reasonable time, after obtaining necessary reports from various authorities.
4. I have heard the learned counsel for the petitioner and the learned Special Government Pleader (Forests) representing the 7th respondent.
5. From the pleadings in the writ petition, it is evident that the Grama Panchayat authorities, District Police Chief and Divisional Forest Officer have given positive reports towards issuance of NOC to the petitioner. In the circumstances, this WP(C) NO.20073 OF 2022 4 Court is of the view that the 1st respondent shall consider and pass orders on Ext.P3, within a reasonable time. It is to be noted that Ext.P3 application is stated to have been submitted as early in the month of November, 2014.
In the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to consider Ext.P3 application submitted by the petitioner and pass appropriate orders thereon, within a period of six weeks, after giving an opportunity of hearing to the petitioner.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.20073 OF 2022 5 APPENDIX OF WP(C) 20073/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION IN FAVOUR OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE MINUTES EXTRACT OF PETITIONER COMPANY BOARD OF DIRECTORS' MEETING HELD ON 3/11/2014.
Exhibit P3 TRUE TRUE COPY OF THE APPLICATION SUBMITTED DURING NOVEMBER 2014 BEFORE THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPORT DATED 18/3/2015 SUBMITTED BY THE 5TH RESPONDENT BEFORE 1STRESPONDENT.
Exhibit P5 TRUE COPY OF THE REPORT DATED 24/4/2015 SUBMITTED BY THE 6TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 7/11/18 ISSUED BY THE 7TH RESPONDENT . Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 2/06/2018 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER OF REVENUE OF STATE OF KERALA.
Exhibit P8 TRUE COPY OF THE APPROVAL FOR CONSTRUCTION OF MAGAZINE DATED 20/7/2020.