Vazhathara Granites & Aggregates ... vs State Of Kerala
2021 Latest Caselaw 15064 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                             WP(C) NO. 14213 OF 2021
PETITIONER:

              VAZHATHARA GRANITES & AGGREGATES PVT.LTD
              VAZHATHARA BUILDING, PUTHUPALLY, KOOTIKAL PO, KOTTAYAM -
              686514. REP. BY ITS MANAGING DIRECTOR SRI.K.J.THOMASKUTTY.

              BY ADVS.
              ENOCH DAVID SIMON JOEL
              S.SREEDEV
              RONY JOSE
              SUZANNE KURIAN
              CIMIL CHERIAN KOTTALIL



RESPONDENTS:

     1        STATE OF KERALA
              REP. BY THE SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM - 695001.

     2        THE DIRECTOR OF MINING & GEOLOGY, DIRECTORATE OF MINING &
              GEOLOGY, PATTOM PO, THIRUVANANTHAPURAM - 695004.

     3        THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT
              OFFICE, CIVIL STATION, KOTTAYAM - 686002.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.14213 of 2021
          ==================
          Dated this the 16th day of July, 2021

                         JUDGMENT

Petitioner is the holder of a quarrying lease.

The period of lease expired on 08.12.2020. On 12.02.2021, the State Government issued Ext.P2

Government Order extending the validity period of

quarrying permit and lease 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.P3 application before the second respondent

seeking extension of the period of lease. 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)

Nos.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 lease taking

into account Ext.P2 Government order, and pass W. P. (C) No.14213 of 2021

orders. I do not find any reason why a different

view has to be taken in this writ petition.

Accordingly the writ petition is disposed of

directing the second respondent to consider and

pass orders on Ext.P3 application 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. 14213 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 A TRUE COPY OF THE QUARRYING LEASE DATED 09.12.2008 ISSUED BY THE 3RD RESPONDENT.

EXT.P1(a) A TRUE COPY OF THE LEASE TRANSFER DEED DATED 16.01.2019.

Ext.P1(b) TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE THE QUARRY VALID TILL 08.12.2020 ISSUED BY THE POLLUTION CONTROL BOARD.

Ext.P1(c) TRUE COPY OF THE d&o LICNSE VALID TILL 31.03.20 ISSUED BY THE KOOTTICKAL PANCHAYAT FOR OPERATING THE QUARRY.

Ext.P1(d) TRUE COPY OF THE RECEIPT DATED 14.06.21 ISSUED BY THE KOOTTICKAL PANCHAYAT.

Ext.P2 TRUE COPY OF THE ORDER DATED 12.2.21 BEARING NO. GO (RT) NO.203/2021/ID ISSUED BY THE 1ST RESPONDENT.

Ext.P3 A TRUE COPY OF THE LETTER DATED 23.02.21 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Ext.P4 A TRUE COPY OF THE JUDGMENT DATED 29.6.21 IN WPC 12873/21 ON THE FILES OF THIS HON'BLE COURT.

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