Victory Granite Metals vs The Director
2021 Latest Caselaw 13789 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
     FRIDAY, THE 2ND DAY OF JULY 2021/11TH ASHADHA, 1943
                     WP(C) NO. 12450 OF 2021
PETITIONER:

         M/S.VICTORY GRANITE METALS,
         MANNAMPETTA, VARAKKARA POST,
         TRICHUR-680302, REPRESENTED BY
         THE MANAGING PARTNER E.M.SUNNY,
         S/O.MATHEW, EDATTUKARAN HOUSE,
         PALLIKUNNU, VARANDARAPILLY P.O.,
         TRICHUR-680 303.

         BY ADVS.
         T.M.CHANDRAN
         S.SUJITH
RESPONDENTS:

    1    THE DIRECTOR,
         DIRECTORATE OF MINING AND GEOLOGY,
         PATTOM PALACE P.O., KESAVADASAPURAM,
         THIRUVANANTHAPURAM-695 001.

    2    GEOLOGIST,
         MINING AND GEOLOGY DISTRICT OFFICE,
         CHEMBOOKAVU, TRICHUR-680 020.

    3    THE ENVIRONMENTAL ENGINEER,
         KERALA STATE POLLUTION CONTROL BOARD,
         DISTRICT OFFICE, MAJESTIC SQUARE BUILDING,
         3RD FLOOR, PARAVATTANI P.O., OLLUKKARA,
         TRICHUR-680 655.

    4    THE SECRETARY,
         ALAGAPPANAGAR GRAMA PANCHAYAT,
         ALAGAPPANAGAR P.O., TRICHUR-680 302.

         R1-R2 BY G.P. SMT. G.RANJITA
         R3 BY ADV.SRI.T.NAVEEN
         R4 BY ADV.SRI.K.S.BHARATHAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.12450/2021

                                  2




                           JUDGMENT

Dated this the 2nd day of July, 2021

The petitioner has approached this Court with the

following reliefs:

"1) Call for the records relating to Ext.P1 to

12.

2) Issue a writ of Mandamus or any other appropriate writ or order or directions directing the respondent Nos. 1 and 2 to extend the validity period of Ext.P1 and P2 lease in the light of Ext.P6 to P8.

3) Issue a writ of Mandamus or any other writ or order or direction commanding the respondent No.2 to issue Movement Permit to transport Building Stone.

4) Issue a writ of Mandamus or any other writ or order or direction to the respondent No.3 and 4 to renew Ext.P3 and P4.

5) Pass any other orders as this Hon'ble Court deems fit and just and allow this case with cost."

2. When this writ petition came up for hearing

today, the learned counsel for the petitioner submitted that

the petitioner will be satisfied for the time being if Exts.P10

and P10(a) applications are directed to be considered by WP(C) No.12450/2021

the respondents in the light of Ext.P7 Government Order.

3. The learned Government Pleader submits that

the applications submitted by the petitioner is under

consideration by the authorities.

4. In view of the submissions so made, the writ

petition is disposed of directing the 1st respondent to

consider Exts.P10 and P10(a) applications filed by the

petitioner in the light of Ext.P7 Government Order and pass

appropriate orders thereon within a period of one month.

Till the 1st respondent takes a decision on Exts.P10 and

P10(a), there shall be no coercive steps against the

petitioner.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/02.07.2021 WP(C) No.12450/2021

APPENDIX OF WP(C) 12450/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF ORDER DATED 22.6.2011 PASSED BY THE RESPONDENTS NO.1.

Exhibit P2 TRUE COPY OF LEASE DEED 24.6.2011 EXECUTED BY THE PETITIONER AND GOVERNMENT OF KERALA.

Exhibit P3 TRUE COPY OF RENEWED CONSENT DATED 2.2.2018 TO OPERATE ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER.

Exhibit P4 TRUE COPY OF LICENSE DATED 10.4.2019 ISSUED BY THE RESPONDENT NO.4 TO THE PETITIONER.

Exhibit P5 TRUE COPY OF NOTIFICATION DATED 27.11.2020 ISSUED BY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, NEW DELHI.

Exhibit P6 TRUE COPY OF NOTIFICATION DATED 18.1.2021 ISSUED BY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, NEW DELHI.

Exhibit P7 TRUE COPY OF ORDER DATED 12.2.2021 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P8 TRUE COPY OF ORDER DATED 22.2.2021 ISSUED BY THE RESPONDENTS 1.

Exhibit P9 TRUE COPY OF ORDER DATED 9.3.2021 ISSUED BY THE RESPONDENTS 1.

Exhibit P10 TRUE COPY OF EMAIL APPLICATION DATED 26.5.2021 SEND BY PETITIONER TO WP(C) No.12450/2021

RESPONDENTS 1, NO.2.

Exhibit P10(a) TRUE COPY OF APPLICATION DATED 26.5.2021 SENT BY REGISTERED POST BY PETITIONER TO RESPONDENT 1 & 2.

Exhibit P11 TRUE COPY OF MOVEMENT PERMIT DATED 8.4.2021 ISSUED BY THE 2 RESPONDENT TO THE PETITIONER.

Exhibit P12 TRUE COPY OF MOVEMENT PERMIT DATED 26.5.2021 ISSUED BY THE 2 RESPONDENT TO THE PETITIONER.

Exhibit P13 TRUE COPY OF JUDGMENT DATED 7.5.2021 IN WP(C) NO.11177/2021 PASSED BY THE HIGH COURT OF KERALA, ERNAKULAM.