Kerala High Court
S.K.Metal Crushers & Quarry Pvt. Ltd vs The Joint Secretary on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16324 OF 2024
PETITIONER:
S.K.METAL CRUSHERS & QUARRY PVT. LTD.
KOOVALASSERY P.O., THIRUVANANTHAPURAM REPRESENTED BY
ITS MANAGING DIRECTOR, MR. SUDARSANAN G., PIN - 695512.
BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
SAJU S. DOMINIC
RESPONDENTS:
1 THE JOINT SECRETARY,
INDUSTRIES (A) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT GEOLOGIST,
MINING & GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM, PATTOM
PALACE P.O., KESAVADASAPURAM, THIRUVANANTHAPURA,
PIN - 695004.
3 THE DIRECTOR,
MINING & GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004.
SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16324 OF 2024 2
JUDGMENT
Dated this the 23rd day of April, 2024 The petitioner is a grantee of quarry lease with respect to an extent of 3.6994 Hectares of land comprised in various Survey Numbers of Maranalloor Village, Kattakada Taluk, Thiruvananthapuram District. The petitioner has also obtained licences/clearance from the statutory authorities for conducting quarrying operations.
2. While so, alleging excess excavation, the 2nd respondent had initiated proceedings against the petitioner. The order passed by the 2nd respondent was challenged by the petitioner before the 1st respondent. Though the 1st respondent heard the appeal, no orders have been passed. The quarrying operation of the petitioner has been stopped since the year 2019. The 2nd and 3rd respondents are not issuing movement permits on the premise that the 1st respondent has not disposed of the appeal so far.
3. Heard.
WP(C) NO. 16324 OF 2024 3
4. It is evident that Ext.P9 appeal is pending before the 1st respondent. Therefore, it is necessary that the competent authority considers Ext.P9 in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 1st respondent to pass orders on Ext.P9 appeal submitted by the petitioner within a period of two months in accordance with law.
Sd/-
N.NAGARESH JUDGE Sru WP(C) NO. 16324 OF 2024 4 APPENDIX OF WP(C) 16324/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRY LEASE DATED 25-9-2017, WHICH IS VALID UPTO 24-9-2029.
Exhibit P2 TRUE COPY OF THE STOP MEMO DATED 23-7-2019 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 9- 10-2019.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE STYLED AS ORDER DATED 21-1-2020.
Exhibit P5 TRUE COPY OF THE ORDER BEARING NO.391/2022/ID, DATED 11-5-2022 ISSUED BY THE JOINT SECRETARY, INDUSTRIAL DEPARTMENT,TRIVANDRUM.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.25278/2022, DATED 24-8-2022. Exhibit P7 TRUE COPY OF THE REPORT PREPARED BY THE GEOLOGIST, WHICH IS OBTAINED UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT, 2005, DATED 25-9-2023.
Exhibit P8 TRUE COPY OF THE ORDER PASSED BY THE GEOLOGIST BEARING NO.455/2023- 24/DMG/8936/2021-M1, DATED 16-1-2024. Exhibit P9 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER DATED 7-2-2024, SANS THE DOCUMENTS.
Exhibit P10 TRUE COPY OF THE NOTICE CALLING FOR HEARING DATED 21-3-2024.