V. Saseendran vs State Of Kerala
2021 Latest Caselaw 15562 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. 13723 OF 2021
PETITIONER:

               V. SASEENDRAN,AGED 65 YEARS,PROPRIETOR, ANJALI
               CRUSHER INDUSTRIES, KIZHAKKUMKARA VEEDU,
               KARAVARAM P.O, KALLAMBALAM, THIRUVANANTHAPURAM.

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



RESPONDENTS:

    1          STATE OF KERALA REPRESENTED BY THE SECRTARY,
               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 GEOLGIST,
               DISTRICT OFFICE, DEPARTMENT OF MINING AND
               GEOLOGY, THIRUVANANTHAPURAM-695 004

               GP SRI. PAUL ABRAHAM VAKKANAL


        THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION       ON   23.07.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13723 OF 2021
                                     2


                    Sathish Ninan, J.
             ==============================
                W.P.(C) No.13723 of 2021
               ==========================
          Dated this the 23rd day of July, 2021

                              JUDGMENT

Ext P4 order dated 31.03.2021 was issued by the

1st 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 WP(C) NO. 13723 OF 2021

of Rs.3 Lakhs paid by the 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. 13723 OF 2021

APPENDIX OF WP(C) 13723/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 20.04.2012 VALID TILL 19.04.2024 ISSUED TO THE PETITIONER.

Exhibit P1(A) A TRUE COPY OF THE CONSENT TO OPERATE DTD. 13.02.2020 VALID TILL 18.04.2024 ISSUED BY THE POLLUTION CONTROL BOARD TO OPERATE THE QUARRY.

Exhibit P1(B) TRUE COPY OF THE CONSENT TO OPERATE DTD. 30.04.2018 VALID TILL 28.02.2023 ISSUED BY THE POLLUTION CONTROL BOARD TO OPERATE THE CRUSHER UNIT.

Exhibit P1(C) TRUE COPY OF THE TRADE LICENSE DATED 09.04.2021 VALID TILL 31.03.2022 ISSUED BY THE KARAVARAM PANCHAYAT FOR OPERATING THE QUARRY.

Exhibit P1(D) TRUE COPY OF THE TRADE LICENSE DATED 09.04.2021 VALID TILL 31.03.2022 ISSUED BY THE KARAVARAM PANCHAYAT FOR OPERATING THE CRUSHER UNIT.

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