M/S. Jams Granites Pvt. Ltd vs The Senior Geologist
2021 Latest Caselaw 14083 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                             WP(C) NO. 13399 OF 2021
PETITIONER:

              M/S JAMS GRANITES PVT. LTD
              MALAVATTOM, THIRUVILWAMALA PO, THRISSUR - 680588, REP. BY
              ITS DIRECTOR.

              BY ADVS.
              PHILIP J.VETTICKATTU
              SAJITHA GEORGE



RESPONDENTS:

     1        THE SENIOR GEOLOGIST
              MINING & GEOLOGY DEPARTMENT, OFFICE OF THE DISTRICT
              GEOLOGIST, PALAKKAD - 678014.

     2        THE DIRECTOR, MINING & GEOLOGY DIRECTORATE,
              KESAVADASAPURAM, PATTOM PALACE PO., TRIVANDRUM - 695004.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                  SATHISH NINAN, J.
         ==================
             W. P. (C) No.13399 of 2021
         ==================
          Dated this the 7th day of July, 2021

                        JUDGMENT

Petitioner is the holder of a quarrying permit.

The period of permit expired on 14.05.2021. On 12.02.2021, the State Government issued Ext.P2

Government Order extending the validity period of

quarrying permit for a period of one year in the

wake of the Covid-19 Pandemic. In the light of the

Government Order, the petitioner submitted Ext.P4

representation before the first respondent seeking

extension of the period of permit. The application

is yet to be ordered and hence he has approached

this Court.

2. This Court has, in its judgments in W.P.(C)

No.11177/2021, 11664/2021 and 12352/2021 considered

the effect of Ext.P2 Government order and has

directed the concerned authorities to consider the

applications submitted by the petitioners therein

for renewal of the permit taking into account

Ext.P2 Government order, and pass orders. I do not W. P. (C) No.13399 of 2021

find any reason to adopt a different view in this

writ petition.

Accordingly, the writ petition is disposed of

directing the first respondent to consider and pass

orders on Ext.P4 representation in the light of

Ext.P2 Government order and grant extension,

provided that the petitioner is otherwise entitled

to.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 13399 OF 2021

APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF THE QUARRYING PERMIT DATED 15.05.20 VALID UP TO 14.05.2021.

EXT.P2 TRUE COPY OF GO (RT) NO.203/2021/ID DATED 12.02.21

EXT.P3 TRUE COPY OF PROCEEDINGS OF POLLUTION CONTROL BOARD BEARING NO.PCB/HO/CIRCULAR/2015 DATED 18.03.21

EXT.P4 TRUE COPY OF REPRESENTATION DATED 24.06.21 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P5 TRUE COPY OF JUDGMENT DATED 07.05.21 PASSED BY THIS HON'BLE COURT IN WPC 11177/2021.

EXT.P6 TRUE COPY OF JUDGMENT DATED 02.06.21 PASSED BY THIS HON'BLE COURT IN WPC 11664/21.

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