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Kerala High Court
Sinil V. Mathew vs The Union Of India on 23 May, 2024
WP(C) No.13401/2024 1/3 Order Date : 23-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
WP(C) NO. 13401 OF 2024
PETITIONER:
SINIL V. MATHEW, AGED 50 YEARS, S/O. MATHEW, VARAKUKALAPARAMBIL
HOUSE, ARUVITHURA P.O, KOTTAYAM DISTRICT, PIN - 686508.
RESPONDENTS:
1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF MINES,
THIRD FLOOR, A-WING, SASTHRI BHAVAN, NEW DELHI, PIN - 110001.
2. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
3. THE DIRECTOR, DIRECTORATE OF MINING & GEOLOGY PATTOM PALACE P.O.,
KESAVADASAPURAM, THIRUVANANTHAPURAM, PIN - 695004.
4. THE DISTRICT GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, CIVIL
STATION, COLLECTORATE P.O., KOTTAYAM, PIN - 695002.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct 4th respondent to renew Exhibit P-1 registration and
Exhibit P-2 dealer's license provisionally and to issue transit passes to
petitioner to enable him to continue his business in Exhibit P-1 premises,
during pendency of the above Writ Petition (Civil).
This petition aged coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's Order dated
17.05.2024 in IA NO.1/2024 and upon hearing the arguments of
M/S.ALEX.M.SCARIA, SARITHA THOMAS & SAHL ABDUL KADER Advocates for the
petitioner, the court passed the following:
WP(C) No.13401/2024 2/3 Order Date : 23-05-2024
C. JAYACHANDRAN, J.
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W.P.(C.) No.13401 of 2024
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Dated this the 23rd day of May, 2024
ORDER
Learned counsel for the petitioner would submit that Ext.P4 application for renewal of the registration and Ext.P6 application for movement permit are pending consideration before the 4th respondent/Geologist. It was also submitted that filing of such application are only in accordance with prevailing Rules, though the same are impugned in this Writ Petition.
In the circumstances, there will be a direction to the 4 th respondent to consider and pass orders on Exts.P4 and P6 applications in accordance with law, within a period of one month, after affording an opportunity of being heard to the petitioner and such other persons, if any, who will be affected by such order.
Post on 24.06.2024.
Sd/-
C. JAYACHANDRAN JUDGE SKP/23-05 WP(C) No.13401/2024 3/3 Order Date : 23-05-2024 APPENDIX OF WP(C) 13401/2024 Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 16/01/2019 BEARING NO.
41/2018-19/RGBS/DLC/3539/DOY/ML/2018 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE DEALER'S LICENSE BEARING NO.25/2023-24/GBS/DLC/DOKOT-DMG/897/2023-M DATED 12/06/2023 (ALONG WITH TYPED COPY) ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE LOCATION PLAN DATED 12/02/2024 ISSUED BY THE VILLAGE OFFICER, EDAKKUNNAM. Exhibit P4 TRUE COPY OF THE APPLICATION DATED 15/02/2024 FOR RENEWAL OF THE REGISTRATION BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE CHALLAN DATED 15/02/2024 SHOWING PAYMENT OF FEES FOR RENEWAL OF REGISTRATION (ALONG WITH TYPED COPY).
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 15/02/2024 FOR RENEWAL OF EXHIBIT P-2 DEALER'S LICENSE BY THE PETITIONER TO THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE CHALLAN DATED 15/02/2024 SHOWING PAYMENT OF FEES FOR RENEWAL OF THE DEALER'S LICENSE (ALONG WITH TYPED COPY).
Exhibit P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22/03/2024 WITH BEARING NO. DOKOT-DMG/312/2024-M ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P9 TRUE COPY OF THE RESPONSE LETTER DATED 22/03/2024 (ALONG WITH TYPED COPY) BY THE PETITIONER TO THE 4TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 23/08/2017 IN W.P.(C) NO. 27891/2017 OF THIS HON'BLE COURT. Exhibit P11 TRUE COPY OF THE NOTIFICATION AND THE KERALA MINERALS (PREVENTION OF ILLEGAL MINING, STORAGE & TRANSPORTATION) RULES, 2015 DATED 07/02/2015 BEARING G.O.(P) NO. 17/2015/ID.
Exhibit P11(a) TRUE COPY OF THE GAZETTE NOTIFICATION DATED 31/03/2023 BEARING G.O.(P) NO. 37/2023/ID WITH SRO NO. 455/2023 OF THE AMENDED RULES OF EXHIBIT P11.
Exhibit P12 TRUE COPY OF THE JUDGMENT IN STATE OF TAMILNADU V. MPP KAVERY CHETTY REPORTED IN 1995 (2) SCC 402 DATED 19/01/1995 PASSED BY THE APEX COURT. Exhibit P13 TRUE COPY OF THE ORDER DATED 25/04/2024 BEARING NO.
32/2024-25/DOKOT-DMG/312/2024-M ISSUED BY THE 4TH RESPONDENT.