Kerala High Court
Larsen And Toubro Ltd vs State Of Kerala on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 09TH DAY OF FEBRUARY 2021/20TH MAGHA,1942
W.P(C).No.1799 OF 2021(Y)
PETITIONER:
LARSEN AND TOUBRO LTD
L AND T HOUSE, NAROTTAM, MORARJIMARG, BALLARD ESTATE,
MUMBAI-4001 HAVING CONSTRUCTION DIVISION HEADQUARTERS
MOUNT POONAMALLEE ROAD, MANAPAKKAM, CHENNAI, 600089
REPRESENTED BY ITS PROJECT MANAGER, N.JAGADEESAN MKRP
SITE PROJECT OFFICE, PRAYIMOODU, NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT-695 121.
BY ADVS.SRI.V.G.ARUN (K/795/2004)
SMT.V.JAYA RAGI
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING AND
GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DIRECTOR
DIRECTORATE OF MINING AND GEOLOGY DEPARTMENT,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695 004.
3 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695 004.
4 THE PROJECT DIRECTOR
NATIONAL HIGH WAY AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, THIRUVANANTHAPURAM-695 001.
BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER
R4 BY SRI.MATHEWS K.PHILIP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2021 ALONG WITH W.P(C).NO.1840/2021(D), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 09TH DAY OF FEBRUARY 2021/20TH MAGHA,1942
W.P(C).No.1840 OF 2021(D)
PETITIONER:
LARSEN AND TOURBO LTD.
L&T HOUSE, NAROTTAM, MORARJIMARG, BALLARD ESTATE,
MUMBAI-4001, HAVING CONSTRUCTION DIVISION HEADQUARTERS,
MOUNT POONAMALLEE ROAD, MANAPAKKAM, CHENNAI, 600089,
REPRESENTED BY ITS PROJECT MANAGER, N.JAGADEESAN, MKRP
SITE PROJECT OFFICE, PRAYIMOODU, NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT-695121.
BY ADVS.SRI.V.G.ARUN (K/795/2004)
SMT.V.JAYA RAGI
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NEERAJ NARAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING AND
GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR,
DIRECTORATE OF MINING AND GEOLOGY DEPARTMENT,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695004.
3 THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695004.
4 THE PROJECT DIRECTOR,
NATIONAL HIGH WAY AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, THIRUVANANTHAPURAM-695001.
BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER
R4 BY SRI.MATHEW K. PHILIP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2021 ALONG WITH W.P(C).NO.1799/2021(Y), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.1799 & 1840/2021 :: 3 ::
JUDGMENT
The petitioner in both the writ petitions has preferred
Ext.P4 applications for renewal of the quarrying permit before
the 3rd respondent. The limited prayer is for a direction to the 3 rd
respondent to consider and pass orders on Ext.P4 applications,
expeditiously, after hearing the petitioner.
2. I have heard the learned counsel for the petitioner as
also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the
case and the submissions made across the Bar, I dispose the writ
petition with a direction to the 3 rd respondent to consider and
pass orders on Ext.P4 applications for renewal of quarrying
permit, within three weeks from the date of receipt of a copy of
this judgment, after hearing the petitioner. The petitioner shall
produce a copy of the writ petition together with a copy of this
judgment before the 3rd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/9/2/2021
W.P.(C).No.1799 & 1840/2021 :: 4 ::
APPENDIX OF W.P(C).NO.1799/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE QUARRYING PERMIT FOR
ORDINARY EARTH ISSUED BY THE DEPARTMENT OF
MINING AND GEOLOGY DATED 28.3.2019 BEARING
NO.`14/MP/OE/L&T/111/DOT/ML/2017.
EXHIBIT P2 TRUE COPY OF THE STOCK REPORT REGARDING
EXCAVATION OF THE ORDINARY EARTH.
EXHIBIT P3 TRUE REPRESENTATION FILED BY L&T BEFORE THE
GEOLOGIST, DEPARTMENT OF MINING AND
GEOLOGY, THIRUVANANTHAPURAM DATED
5.12.2019.
EXHIBIT P4 TRUE COPY OF FORM A APPLICATION PRESENTED
BEFORE THE SENIOR GEOLOGIST, DEPARTMENT OF
MINING AND GEOLOGY, THIRUVANANTHAPURAM
DISTRICT DATED 26.7.2020.
EXHIBIT P5 TRUE COPY OF THE E CHELLAN RECEIPT
NO.GRNKL005317299 202021E DATED 26.7.2020.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 11.1.2021
ISSUED BY NHAI TO THE DIRECTOR, MINING AND
GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
APPENDIX OF W.P(C).NO.1840/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE QUARRYING PERMIT FOR
ORDINARY EARTH ISSUED BY THE DEPARTMENT OF
MINING AND GEOLOGY DATED 20.1.2020 BEARING
NO.13/MP/OE/L&T/2652/DOT/ML/2019.
EXHIBIT P2 THE TRUE COPY OF THE STOCK REPORT REGARDING
EXCAVATION OF THE ORDINARY EARTH.
EXHIBIT P3 THE REPRESENTATION FILED BY L & T BEFORE THE
GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY
THIRUVANANTHAPURAM DATED 21.4.2020.
EXHIBIT P4 THE TRUE COPY OF FORM A APPLICATION PRESENTED
BEFORE THE SENIOR GEOLOGIST, DEPARTMENT OF
MINING AND GEOLOGY, THIRUVANANTHAPURAM DISTRICT
DATED 21.4.20.
EXHIBIT P5 THE TRUE COPY OF THE CHELLAN RECEIPT
NO.KL000069220202021M DATED 21.4.2020.
EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED 11.1.2021
ISSUED BY NHAI TO THE DIRECTOR, MINING AND
GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
