K.V.Muhammed Ali vs The Geologist
2021 Latest Caselaw 12118 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE T.R.RAVI

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                      WP(C).No.9210 OF 2021(A)


PETITIONER:

              K.V.MUHAMMED ALI
              AGED 61 YEARS
              S/O KOMU, KOOMBRA,
              KANNALATHVALAPPIL,
              KAKKITTIR, MALA (PO),
              PALAKKAD DISTRICT.

              BY ADVS.
              SRI.K.MOHANAKANNAN
              SMT.A.R.PRAVITHA
              SMT.D.S.THUSHARA
              SRI.H.PRAVEEN (KOTTARAKARA)
              SMT.T.V.NEEMA


RESPONDENT:

              THE GEOLOGIST
              MINING AND GEOLOGY DEPARTMENT,
              SULTANPET, PALAKKAD-678001.


              GP SUNIL KURIAKOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9210 OF 2021(A)

                                       2




                             JUDGMENT

Dated this the 20th day of April 2021

Admit. Government pleader takes notice for the

Respondent.

2. The prayer in the Writ petition is to

finalise Exhibit P10 stop memo, which has been

issued to the petitioner regarding the quarrying

operations which are being conducted by him, after

considering Exhibit P11 representation filed by

him, within a time frame to be fixed by this Court.

The stop memo was issued after an accidental death

occurred in the quarrying site. The petitioner has

filed Exhibit P11 representation on 10.03.2021.

3. In the light of the limited prayer made in

the writ petition, the writ petition is disposed of

directing the Respondents to consider Exhibit P11

representation and to finalise Exhibit P10 Stop

memo within a period of 2 months from the date of WP(C).No.9210 OF 2021(A)

receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

T.R.RAVI, JUDGE

Pn WP(C).No.9210 OF 2021(A)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALAKKAD DATED 8/6/2018.

EXHIBIT P2 TRUE COPY OF THE CONSENT OF POLLUTION CONTROL BOARD DATED 18/06/2018.

EXHIBIT P3 TRUE COPY OF THE D&O LICENCE FROM PATTITHARA GRAMA PANCHAYAT ON 18/06/2020 AND ITS IS VALID UPTO 31.03.2020.

EXHIBIT P4 TRUE COPY OF THE MINING PERMIT ISSUED BY THE MINING AND GEOLOGY DEPARTMENT DATED 22.06.20.

EXHIBIT P5 TRUE COPY OF THE EXPLOSIVE LICENCE ISSUED BY THE EXPLOSIVES DEPARTMENT, GOVERNMENT OF INDIA DATED 5/4/2019 IS VALID UPTO 15.12.2021.

EXHIBIT P6 TRUE COPY OF THE SHORT FIRES CERTIFICATE UNDER THE EXPLOSIVES RULES 2008, BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ON 27/09/2018 AND IT IS VALID UPTO 15.12.2021.

EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR D&O LICENCE WITH CASH RECEIPT DATED 18/2/2021.

EXHIBIT P8 TRUE COPY OF THE FIR IN CRIME NO.47/2021 OF THRITHALA POLICE STATION.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 23.02.2021.

EXHIBIT P10 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT ON 3.3.2021.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 10.03.2021.