M.Abbas vs The District Collector
2021 Latest Caselaw 16725 Ker

         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. 16218 OF 2021
PETITIONER/S:

         M.ABBAS
         AGED 68 YEARS
         A.R. VILLA, SIDEWALL, MANCODE P.O, CHITHARA,
         KOLLAM - 691559.
         BY ADVS.
         ENOCH DAVID SIMON JOEL
         S.SREEDEV
         SUZANNE KURIAN
         CIMIL CHERIAN KOTTALIL


RESPONDENT/S:

         THE DISTRICT COLLECTOR,
         CIVIL STATION, KAANKATHU MUKKU, KOLLAM - 691013.


         G.P. 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.16218/2021
                                :2 :



                        JUDGMENT

~~~~~~~~~

Dated this the 11th day of August, 2021

In this writ petition, the petitioner seeks to direct the

respondent to consider and pass orders on Ext.P5 application

for renewal of Ext.P1 NOC, as expeditiously as possible, at

any rate, within a period of two weeks.

2. The petitioner would state that he was granted

Ext.P1 NOC dated 14.08.2014 to run quarrying operations in

an extent of 2.0082 Hectares of puramboke land in Survey

No.84/1 of Block No.56 of Mancode Village in Kottarakkara

Taluk. The Director of Mining and Geology issued Ext.P2

Letter of Intent dated 11.07.2016. Certain persons made

complaints about the quarrying operations and pursuant to the

orders of this Court, the Sub Collector conducted detailed

enquiry. By Ext.P3 order dated 16.03.2018, the Sub Collector

permitted the petitioner to pursue the quarrying operations.

Ext.P2 Letter of Intent was also challenged by business rivals,

filing appeal before the Government. The said appeal was WP(C) No.16218/2021

dismissed on 09.10.2018 as per Ext.P4 Government Order.

3. Due to these baseless complaints and

consequential proceedings, the petitioner lost substantial time

and he could not obtain Environmental Clearance within the

stipulated one year. Due to the outbreak of Covid-19 and

consequential lockdowns, the petitioner could not obtain other

licences. Substantial time was thus lost due to reasons not

attributable to the petitioner. When the petitioner sought

Quarrying Lease on the basis of the Letter of Intent, the

petitioner was told that Ext.P1 NOC should be renewed first.

The petitioner thereupon submitted Ext.P5 request dated

03.02.2021 to the respondent requesting to renew Ext.P1

NOC. Though six months have lapsed, the respondent has

not considered Ext.P5 request. Hence, this writ petition.

4. The learned Government Pleader pointed out that

as per Condition No.21 of Ext.P1 NOC, the petitioner is bound

to start quarrying operations within two years from the date of

the NOC. If the petitioner fails to start the operations with all

requisite licences within the said period, the NOC will be WP(C) No.16218/2021

automatically cancelled. In such a situation, there is no

question of renewal of NOC.

5. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondent.

6. The petitioner's case is that due to frivolous

complaints made at the behest of his business rivals and due

to Covid-19 pandemic and consequential lockdowns, the

petitioner could not promptly start quarrying operations. Now,

to obtain a Quarrying Lease, the petitioner has to get the NOC

of the respondent renewed. In such circumstances, this Court

is of the view that the respondent should consider the request

made by the petitioner for renewal of NOC on its merits.

The writ petition is therefore disposed of directing

the respondent to consider Ext.P5 application filed by the

petitioner in accordance with law and pass appropriate orders

thereon, with notice to the petitioner, within a period of two

months.

Sd/-

N. NAGARESH, JUDGE

aks/12.08.2021 WP(C) No.16218/2021

APPENDIX OF WP(C) 16218/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOC DATED 14.08.2014 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LETTER OF INTENT DATED 11.07.2016 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY.

Exhibit P3 TRUE COPY OF THE ORDER DATED 16.03.2018 BEARING NO. B-17613/16 ISSUED BY THE SUB COLLECTOR, KOLLAM.

Exhibit P4 TRUE COPY OF THE ORDER DATED 09.10.2018 BEARING G.O NO.1179/2018/IND ISSUED BY THE DEPUTY SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA.

Exhibit P5 TRUE COPY OF THE REQUEST DATED 03.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.