M.S Building Products vs State Of Kerala
2021 Latest Caselaw 15553 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
   FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                        WP(C) NO. 13684 OF 2021
PETITIONER:

               M.S BUILDING PRODUCTS
               M. S. BUILDING PRODUCTS, PALACHIRA P. O.,
               VARKALA, THIRUVANANTHAPURAM - 695 143,
               REPRESENTED BY ITS MANAGING PARTNER, SRI
               SREEKUMAR.

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



RESPONDENTS:

    1          STATE OF KERALA REPRESENTED BY THE SECRETARY,
               DEPARTMENT OF INDUSTRIES, GOVERNMENT
               SECRETARIAT,        THIRUVANANTHAPURAM - 695
               001.

    2          THE DIRECTOR OF MINING AND GEOLOGY
               DIRECTORATE OF MINING AND GEOLOGY, PATTOM P. O.,
               THIRUVANANTHAPURAM - 695 004.

    3          DISTRICT GEOLOGIST
               DISTRICT OFFICE, DEPARTMENT OF MINING AND
               GEOLOGY, THIRUVANANTHAPURAM - 695 004.



               BY GP SRI RAVI KRISHNAN


        THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION       ON   23.07.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                      Sathish Ninan, J.
              ==============================
                 W.P.(C) No.13684 of 2021
                ==========================
           Dated this the 23rd day of July, 2021

                                 JUDGMENT

Ext P4 order dated 31.03.2021 was issued by the 1 st

respondent cancelling all orders issued by the 2 nd

respondent - Director from 24.03.2021. The petitioner

is the licencee of a quarry and crusher unit. On

payment of the first quarterly instalment of the

annual consolidated royalty, he was issued with Ext P2

registration certificate by the 2 nd respondent on

31.03.2021. However, consequent to Ext P4 order

referred to above, Ext P2 registration stands

cancelled.

2. Relief No.2 sought for in the writ petition

reads thus:

Issue a writ of mandamus or other

appropriate writ, order or direction

directing the 2nd Respondent to issue

a fresh Registration Certificate to

the petitioner by adjusting the

amount of Rs.4 Lakhs paid by the WP(C) NO. 13684 OF 2021

Petitioner vide Ext.P3, towards the

1st quarterly installment of the

annual consolidated royalty.

The learned Government Pleader, on

instructions, submits that the Government has

already issued a direction on 17.07.2021 directing

reconsideration of such cases afresh and to issue

orders on merits urgently. He assures that the

issue will be looked into and orders passed without

delay. The petitioner having already paid the first

quarterly installment of the annual consolidated

royalty, there is no reason to assume that the same

will not be taken note of while re-considering the

issue relating to fresh grant of registration

certificate. Let the needful be done within a

period of six weeks from the date of receipt of a

copy of this judgment.

Sd/-

Sathish Ninan, Judge vdv WP(C) NO. 13684 OF 2021

APPENDIX OF WP(C) 13684/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 18.04.2018 VALID TILL 17.04.2028 ISSUED TO THE PETITIONER.

Exhibit P1(a) A TRUE COPY OF THE CONSENT TO OPERATE DATED 23.01.2021 VALID TILL 03.09.2021 ISSUED BY THE POLLUTION CONTROL BOARD TO OPERATE THE QUARRY.

Exhibit P1(b) TRUE COPY OF THE CONSENT TO OPERATE DATED 20.04.2019 VALID TILL 31.01.2024 ISSUED BY THE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER UNIT.

Exhibit P1(c) TRUE COPY OF THE TRADE LICENSE DATED 12.04.2021 VALID TILL 02.09.2021 ISSUED BY THE KARAVARAM PANCHAYAT FOR OPERATING THE QUARRY.

Exhibit P1(d) TRUE COPY OF THE TRADE LICENSE DATED 01.04.2021 VALID TILL 31.03.2022 ISSUED BY THE NAARUR PANCHAYAT FOR OPERATING THE CRUSHER UNIT.

Exhibit P1(e) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 04.03.2016 ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 31.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE CHALLAN DATED 30.03.2021 FOR PAYMENT OF RS. 4 LAKHS, BEING THE 1ST QUARTERLY INSTALLMENT OF THE ANNUAL CONSOLIDATED ROYALTY.

Exhibit P4 TRUE COPY OF THE ORDER DATED 31.03.2021 BEARING G.O.(RT) WP(C) NO. 13684 OF 2021

NO.414/2021/ID ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPLICATION FOR MOVEMENT PERMIT DATED 13.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.