Kerala High Court
Bharananganam Industries vs The Director, Mining And Geology ... on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 16310 OF 2021
PETITIONER:
M/s. BHARANANGANAM INDUSTRIES,
ALAMATTOM, ULLANAD.P.O, BHARANANGANAM,
KOTTAYAM, PIN-686651,
REPRESENTED BY ITS MANAGING PARTNER.
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
RESPONDENTS:
1 THE DIRECTOR,
MINING AND GEOLOGY DIRECTORATE,
KESAVADASAPURAM, PATTOM PALACE.P.O,
TRIVANDRUM-4.
2 THE GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT,
OFFICE OF THE DISTRICT GEOLOGIST, KOTTAYAM.
BY GOVERNMENT PLEADER SRI. HANIL KUMAR HARSHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16310/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 11th day of August, 2021
The petitioner seeks to direct the respondents to
issue a certificate extending the validity of Ext.P1 quarrying
lease for a period of one year in terms of Ext.P5 Government
Order, commencing from the date of disposal of Ext.P7
application.
2. The petitioner was granted a Quarrying Lease for
an extent of 4.1292 Hectares of land comprised in Survey
Nos.106/1, 106/2, 106/3, 106/4, 130/3 and 130/2-3 of
Bharananganam Village in Meenachil Taluk of Kottayam
District. The petitioner is running a quarrying unit there. The
period of Ext.P1 quarrying lease will expire on 16.08.2022.
The Government of Kerala accorded sanction for extension of
validity of quarrying leases/permits by one more year.
Thereupon, the petitioner submitted Ext.P7 representation
before the 1st respondent for extension of the validity of
WP(C) No.16310/2021
quarrying lease. The said representation is not considered so
far. Hence, the petitioner has approached this Court.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents.
4. The petitioner is holder of Ext.P1 Quarrying Lease,
the period of which will expire on 16.08.2022. By Ext.P5
Order, the Government of Kerala, Industries (A) Department
has accorded sanction for the extension of the validity period
of quarrying permits and quarrying leases for a period of one
year, in view of outbreak of Covid-19 and subsequent
lockdowns. In view of the said Ext.P5 order, the 1 st
respondent is bound to consider the request of the petitioner.
In the circumstances, the writ petition is disposed of
directing the 1st respondent to consider Ext.P7 representation
submitted by the petitioner in the light of Ext.P5 Government
Order and pass appropriate orders on Ext.P7 in accordance
with law, within a period of one month.
Sd/-
N. NAGARESH, JUDGE
aks/12.08.2021
WP(C) No.16310/2021
APPENDIX OF WP(C) 16310/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF
QUARRYING LEASE 17.8.2013 ,VALID UPTO
16-8-2022
Exhibit P2 TRUE COPY OF ENVIRONMENTAL CLEARANCE
DATED 23-5-2013,ISSUED BY THE SEIAA
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF
S.O.221(E),DATED 18-1-2021,ISSUED BY
THE MOEF
Exhibit P4 TRUE COPY OF SCREENSHOT DOWNLOADED FROM
THE WEBSITE OF SEIAA-KERALA
Exhibit P5 TRUE COPY OF G.O.(RT)NO.203/2021/ID,
DATED 12-2-2021.
Exhibit P6 TRUE COPY OF PROCEEDINGS OF POLLUTION
CONTROL BOARD BEARING
NO.PCB/HO/CIRCULAR /2015 DATED 18-3-
Exhibit P7 TRUE COPY OF REPRESENTATION DATED 16-2-
2021 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF JUDGMENT DATED 24.3.2021
PASSED BY THIS HON'BLE COURT IN W.P.
(C)NO.326/2021
Exhibit P9 TRUE COPY OF JUDGMENT DATED 2.6.2021
PASSED BY THIS HON'BLE COURT IN
W.P(C)NO.11664/2021.
SR
