Abdul Muhasin K.P. vs The Senior Geologist
2021 Latest Caselaw 4203 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

       THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                        WP(C).No.309 OF 2021(K)


PETITIONER/S:

                ABDUL MUHASIN K.P.,AGED 32 YEARS
                S/O.SAIDALAVI HAJI, KARATTUPURAYIL HOUSE
                PALLIKKAL P.O., MALAPPURAM DISTRICT.

                BY ADVS.
                SRI.BABU S. NAIR
                SRI.S.K.SAJU

RESPONDENT/S:

                THE SENIOR GEOLOGIST
                DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
                MANJERI, MALAPPURAM DISTRICT, PIN-676 121.


OTHER PRESENT:

                GP: SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.309 OF 2021(K)                  2


                                   JUDGMENT

The petitioner had approached this Court seeking a direction to the

respondent to consider his applications for renewal of quarrying permit as also for

the issuance of movement permit. In the writ petition it is the case of the

petitioner that although the application for renewal of quarrying permit was

submitted before the respondent well in time, no orders were passed thereon and

as a result the petitioner was not able to continue the quarrying activity and

remove the quarrying materials from his premises. During the pendency of the

writ petition the respondent appears to have passed an order (Ext.P6) against the

petitioner and immediately on receipt of the same the petitioner preferred Ext.P7

appeal before the Deputy Secretary to the Government (Department of Industries),

Thiruvananthapuram. The only course of action available now is for directing the

appellate authority before whom the petitioner has preferred Ext.P7 appeal to

consider and pass orders on the same expeditiously, after hearing the petitioner.

2. I have heard the learned counsel for the petitioner as also the learned

Government Pleader for the respondent.

On a consideration of the facts and circumstances of the case and the

submissions made across the Bar, the writ petition is disposed with a direction to

the Deputy Secretary to the Government (Department of Industries)

Thiruvananthapuram, who is suo motu impleaded as the additional respondent in

this writ petition, to consider and pass orders on Ext.P7 appeal within three weeks

from the date of receipt of a copy of this judgment, after hearing the petitioner.

The petitioner shall produce copy of the writ petition together with a copy of this

judgment before the additional 2nd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, THIRUVANANTHAPURAM DATED 28.04.2020.

EXHIBIT P2 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE RESPONENT DATED 18.05.2020.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 20.10.2020.

EXHIBIT P4 TRUE COPY OF THE CHALAN RECEIPT DATED 21.10.2020 EVIDENCING THE PAYMENT OF APPLICATION FEE.

EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT DATED 31.12.2020 AS NO.DOM/M-1836/2018.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13.01.2021 PASSED BY THE RESPONDENT AS NO.176/2020-

21/LS/DOM/M-1836/2018

EXHIBIT P7 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF INDUSTRIES, TRIVANDRUM DATED 03.02.2021

EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT ISSUED BY THE POST DEPARTMENT DATED 03.02.2021