Kerala High Court
N.A.Thomas vs District Geologist on 3 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
WP(C) NO. 8357 OF 2021
PETITIONER:
N.A.THOMAS,
AGED 61 YEARS,
MANAGING PARTNER, CHOORAMUDI GRANITES,
KOMBANAD P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683 546.
BY ADVS.
SRI.SHAJI THOMAS
SRI.BINU PAUL
SRI.JEN JAISON
RESPONDENTS:
1 DISTRICT GEOLOGIST,
CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.
2 EXECUTIVE ENGINEER,
PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, ALUVA,
ERNAKULAM DISTRICT-683 101.
3 DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI-CORRUPTION BUREAU, KATHRIKADAVU,
ERNAKULAM DISTRICT-682 018.
BY ADVS.
SMT. RASHMI. K.M, GP
SRI.BIJILY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8357 OF 2021
2
JUDGMENT
The writ petition has been filed praying
for the following reliefs:
"(i) a writ of mandamus or any other
writ,order or direction commanding the
1st respondent to fix the royalty amount
to be remitted by the petitioner and to
receive the same from the petitioner
for the conduct of quarry covered by
Ext.P1 permit for a further period of
one year.
(ii) a writ of mandamus or any other
writ,order or direction commanding the
1st respondent to issue movement
permit to the petitioner for transport
of granite stones extracted from the
quarry covered by Ext.P1 permit.
(iii)any other writ, order or direction as
this Hon'ble Court may deem fit and
proper in the facts and circumstances
of the case and to allow this petition."
2. The 1st respondent has filed a counter
affidavit on 22.07.2020, wherein it is stated
that an enquiry has been initiated against the
WP(C) NO. 8357 OF 2021
petitioner's quarry for the reason that excess
extraction has been noticed. It is stated in
paragraph 7 of the counter affidavit that there
was an inspection on 08.04.2021 as a part of
routine inspection and it was found that there
was indiscriminate illicit quarrying even after
the expiry of Ext.P1 permit.
3. The learned counsel for the petitioner
in the aforesaid circumstances submitted that
the enquiry may go on regarding the allegation
of excess extraction and in the meanwhile, he is
requested for extension of validity of the
permit on the basis of Ext.P6.
In the above circumstances, this writ
petition is disposed of directing the 1st
respondent to consider the extension of the
period of permit in favour of the petitioner in
accordance with the directions contained in
Ext.P6 and pass orders at the earliest, at any
WP(C) NO. 8357 OF 2021
rate, within a period of two months from the
date of receipt of a copy of the judgment. It is
made clear that this direction will not in any
way preclude the respondents continuing with the
enquiry regarding the excess extraction as
alleged to have been noticed during the
inspection conducted on 08.04.2021. The
consideration of the application for extension
shall not be prejudiced by Ext.P3 letter dated
21.05.2020.
Sd/-
T.R.RAVI, JUDGE.
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WP(C) NO. 8357 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE PERMIT NO.20/19-
20/MM/GS/QP/DOE/1217/E2/19 DATED
11.10.2019 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER NO.A1-P-
3723/2016 DATED 22.02.2018 ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER DATED
21.05.2020 ISSUED BY THE SECRETARY TO
GOVERNMENT, INDUSTRIES DEPARTMENT TO THE
DIRECTOR, MINING AND GEOLOGY.
EXHIBIT P4 TRUE PHOTOCOPY OF THE NOTICE NO.
DOE/1898/E1/2020 DATED 18.11.2020 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE PHOTOCOPY OF THE SCIENTIFIC STUDY
REPORT DATED 17.12.2020 SUBMITTED BY THE
DEPARTMENT OF MINING AND ENGINEERING DR.
T.THINMMAIAH INSTITUTE OF TECHNOLOGY.
EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER NO.
10972/M3/2020 DATED 22.2.2021 ISSUED BY
THE DIRECTOR, MINING AND GEOLOGY,
THIRUVANANTHAPURAM.
EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION DATED
22.03.2021 FOR EXTENSION OF THE PERIOD OF
PERMIT SUBMITTED BY THE PETITIONER.
