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. 19539 OF 2022
PETITIONER
ASHRAF K,
AGED 46 YEARS
S/O. ABDURAHIMAN, KALATHINGAL HOUSE, PERUMANNA
POST, KOZHIKODE - 673019, PIN - 673019
BY ADVS.
K.M.FIROZ
M.SHAJNA
RESPONDENTS
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE,
SECRETARIAT, THIRUVANANTHAPURAM.
, PIN - 695001
2 THE GEOLOGIST, KOZHIKODE
DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY,
KOZHIKODE
, PIN - 673001
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT. SURYA BINOY, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.19539 of 2022 :2:
JUDGMENT
Dated this the 28th day of June, 2022 The petitioner is before this Court aggrieved by non consideration of Ext.P5 application submitted by the petitioner on 13.09.2021, seeking grant of Quarrying Permit. The petitioner seeks to direct the 2 nd respondent to expeditiously consider and pass orders on Ext.P5.
2. The learned Government Pleader, on instructions, submitted that after the application was submitted by the petitioner, complaints were received from certain quarters against establishment of Quarry in the proposed area. The District Geologist heard those objections and the matter is now pending consideration for finalisation. The 2 nd respondent-Geologist will be able to take a final decision in the matter soon.
3. In view of the statements made as above and taking into consideration that Ext.P5 is a statutory application preferred by the petitioner, this Court is of the view that the W.P.(C) No.19539 of 2022 :3: writ petition can be disposed of directing the 2 nd respondent to take a final decision on Ext.P5 application submitted by the petitioner within a period of one month.
The writ petition is therefore disposed of directing the 2nd respondent to take a final decision on Ext.P5 application submitted by the petitioner within a period of one month.
Sd/-
N. NAGARESH, JUDGE smm/ 28.06.2022 W.P.(C) No.19539 of 2022 :4: APPENDIX OF WP(C) 19539/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CONSENT DATED 26.08.2021 ISSUED BY SRI. SATHYAN IN FAVOUR OF PETITIONER Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE NO. 1856/2021 DATED 26.07.2021 ISSUED BY VILLAGE OFFICER, ULLYERI.
Exhibit P3 TRUE COPY OF NON-ASSIGNMENT CERTIFICATE NO. 1304/2021 DATED 02.09.2021 ISSUED BY VILLAGE OFFICER, ULLYERI Exhibit P4 TRUE COPY OF DEMARCATION CERTIFICATE NO. 1304/2021 DATED 02.09.2021 ISSUED BY VILLAGE OFFICER, ULLYERI Exhibit P5 TRUE COPY OF APPLICATION FOR QUARRYING PERMIT DATED 13.09.2021 PREFERRED BY PETITIONER BEFORE THE GEOLOGIST, KOZHIKODE Exhibit P6 TRUE COPY OF TREASURY CHALLAN DATED 13.09.2021 ISSUED TO PETITIONER FROM DISTRICT TREASURY , KOZHIKODE Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 11-
3-2022 IN WP(C) NO 8187 OF 2022 PASSED BY THE HON'BLE HIGH COURT OF KERALA