Ponoorpoyil Granites vs The Director, Mining And Geology
2021 Latest Caselaw 16501 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                    WP(C) NO. 18794 OF 2020
PETITIONER:

         PONOORPOYIL GRANITES,
         MARANCHATTY, KOODARANHI P.O.,
         KOZHIKODE DISTRICT - 673 604
         (REPRESENTED BY ITS MANAGING DIRECTOR,
         AJAS M.M., S/O.M.C.MUHAMMED,
         MUSILARAKATH HOUSE,
         KOODARNHI P.O.,
         KOZHIKODE DISTRICT - 673 604).

         BY ADV P.DEEPAK


RESPONDENTS:

    1    THE DIRECTOR, MINING AND GEOLOGY,
         DIRECTORATE OF MINING AND GEOLOGY,
         KESAVADASAPURAM, PATTOM P.O.,
         THIRUVANANTHAPURAM - 695 004.
    2    THE GEOLOGIST,
         DISTRICT OFFICE,
         MINING AND GEOLOGY DEPARTMENT,
         CIVIL STATION P.O., KOZHIKKODE - 673 020.

         BY ADV SR. GOVERNMENT PLEADER SMT. SURYA BINOY

     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 05.08.2021,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.18794/2020
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 5th day of August, 2021

Petitioner, a partnership firm represented by its

Managing Director, is running granite quarry and crusher unit

under the name and style of 'Ponoorpoyil Granites'. The

petitioner was granted Ext.P3 quarrying lease. The period of

the quarrying lease is expiring. The petitioner was also

granted an Environmental Clearance. The period of

Environmental Clearance is expiring on 08.08.2021. In the

circumstances, the petitioner approached this Court seeking

to quash Ext.P1 to the extent it requires the petitioner to

obtain the concurrence of the VACB as a condition precedent

for considering Ext.P6 application for renewal of quarrying

lease.

WP(C) No.18794/2020

2. When this writ petition came up for hearing, this

Court passed an interim order directing the competent among

respondents 1 and 2 to take a final decision on Ext.P6

application for renewal of the quarrying lease submitted by the

petitioner, notwithstanding condition No.21 in Ext.P1.

3. The petitioner has subsequently produced Ext.P13

letter dated 29.03.2021 issued by the District Geologist to the

Director, Mining and Geology stating that the petitioner-Firm

can be issued with quarrying lease.

4. When this writ petition came up for hearing today,

the learned counsel for the petitioner pointed out that as the

period of Environmental Clearance is expiring on 08.08.2021,

taking into consideration the urgency involved in the matter,

the petitioner will be satisfied if a direction is given to the 2 nd

respondent to pass orders on Ext.P6 application in the light of

the stand taken in Ext.P12 communication and also the Letter

of Intent dated 01.01.2021.

In such circumstances, the writ petition is disposed

of directing the 2nd respondent to consider Ext.P6 application WP(C) No.18794/2020

submitted by the petitioner for renewal of Ext.P3 quarrying

lease in the light of the Letter of Intent issued on 01.01.2021

and also Ext.P13 communication dated 29.03.2021 of the

District Geologist, within a period of three weeks.

Sd/-

N. NAGARESH, JUDGE

aks/10.08.2021 WP(C) No.18794/2020

APPENDIX OF WP(C) 18794/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1            A TRUE COPY OF THE COMMUNICATION OF THE
                      1ST    RESPONDENT    DATED    08/05/2020
                      ADDRESSED TO THE 2ND RESPONDENT.
EXHIBIT P2            A TRUE COPY OF THE JUDGMENT DATED

22/01/2016 IN W.P.(C) NO.2633 OF 2016. EXHIBIT P3 A TRUE COPY OF THE QUARRYING LEASE DATED 14/07/2008.

EXHIBIT P4 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 10/02/2017.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 24/05/2018 IN W.P.(C) NO.4974 OF 2017. EXHIBIT P6 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF QUARRYING LEASE DATED 20/07/2018.

EXHIBIT P7 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT IN W.P.(C) NO.12276 OF 2018 (WITHOUT EXHIBITS). EXHIBIT P8 A TRUE COPY OF THE COMMON JUDGMENT DATED 23/07/2019 IN WRIT APPEAL NO.2023 OF 2018 AND CONNECTED CASES.

EXHIBIT P9 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 02/11/2019.

EXHIBIT P10 A TRUE COPY OF THE AFFIDAVIT DATED 02/11/2019 SUBMITTED BY THE PARTNERS OF THE PETITIONER FIRM.

EXHIBIT P10(A) A TRUE COPY OF THE AFFIDAVIT FILED BY THE PARTNERS OF THE PETITIONER FIRM ON 02/11/2019.

EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 09/03/2020 IN W.P.(C) NO.4923 OF 2020. EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION DATED 16.10.2020 OF THE FIRST RESPONDENT EXHIBIT P13 A TRUE COPY OF THE COMMUNICATION DATED 29.03.2021 OF THE SECOND RESPONDENT

SR