Kerala High Court
P.P. Kunhi Muhammed vs The District Geologist on 17 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
WP(C) NO. 12352 OF 2021
PETITIONER:
P.P. KUNHI MUHAMMED
PUTHENPURAYIL HOUSE, KOODATHAI BAZAR P.O,
KOZHIKODE 673 573
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
RESPONDENT/S:
1 THE DISTRICT GEOLOGIST
MINING AND GEOLOGY DEPARTMENT, OFFICE OF THE
DISTRICT GEOLOGIST, KOZHIKODE 673 001
2 THE DIRECTOR,
TIMINING AND GEOLOGY DIRECTORATE,
KESAVADASAPURAM, PATTOM PALACE P.O, TRIVANDRUM 4
SRI K.P.JAYACHANDRAN, ADDL.A.G.
SRI. RAVIKRISHNAN,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.12352 of 2021 -2-
T.R. RAVI, J.
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W.P.(C)No.12352 of 2021
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Dated this the 17th day of June, 2021
JUDGMENT
Admit. Government Pleader takes notice for the
respondents. Heard Sri Philip J.Vettickattu on behalf of the
petitioner and Sri K.P.Jayachandran, learned Additional Advocate
General on behalf of the respondents.
2. The petitioner has been granted a quarrying lease as
per Ext.P1 for conducting quarrying operations in an extent of
4.047 hectares of land comprised in Sy.No.15/1 of Kodanchery
Village in Kozhikode. The period of lease expired on 08.08.2020.
By Ext.P2 order the Government of Kerala in its Industries
Department has accorded sanction for extension of the period of
validity of the quarrying permit and quarrying lease for a period
of one year. The said order has been issued relying on the order
of the Government of India issued on 18.01.2021, whereby the
Government has nullified the period from 1.4.2020 to 31.3.2021
for the purpose of calculation of the period of validity of prior
environmental clearances granted under Notification,
S.O.No.1533(E) dated 14.09.2006 from the Ministry of
Environment, Forest and Climate Change, Government of India.
The petitioner in the above circumstances has submitted Ext.P4
representation before the 1st respondent for extension of the
quarrying lease. This writ petition has been filed praying for
direction to the respondents to issue certificate extending the
validity of Ext.P1 quarrying lease for a period of one year in
terms of Ext.P2 Government order and for a direction to the 1 st
respondent to dispose of Ext.P4 application in the light of Ext.P2.
The petitioner relies on the judgments of this Court in W.P.
(C)No.11177/2021 and W.P.(C)No.11664/2021. In W.P.
(C)No.11177/2021, a learned Single Judge of this Court has
considered Ext.P2 Government order and directed the 1 st
respondent therein to pass appropriate orders on the application
submitted by the petitioner therein. In W.P.(C)No.11664/2021
also, a learned Single Judge of this Court had issued similar
directions. I do not find any reason to take a different view in
the matter.
Accordingly, this writ petition is disposed of directing the
respondents to consider and pass orders on Ext.P4 application
taking into account Ext.P2 Government order, within a period of
three weeks from the date of receipt of a certified copy of this
judgment.
Sd/-
T.R. RAVI
JUDGE
dsn
APPENDIX OF WP(C) 12352/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF QUARRYING LEASE DATED 9-08-
2011 EXECUTED BETWEEN THE PETITIONER AND
RESPONDENT
Exhibit P2 TRUE COPY OF G.O (RT) NO 203/2021/ID
DATED 12-2-2021
Exhibit P3 TRUE COPY OF PROCEEDINGS OF POLLUTION
CONTROL BOARD BEARING NO
PCB/HO/CIRCULAR/2015 DATED 18-3-2021
Exhibit P4 TRUE COPY OF REPRESENTATION DT 26-02-
2021 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF JUDGMENT DATED 7-52021
PASSED BY THIS HON'BLE COURT IN W.P(C)
NO 11177/2021
Exhibit P6 TRUE COPY OF JUDGMENT DATED 2-06-2021
PASSED BY THIS HON'BLE COURT IN W.P(C)
NO. 11664/2021
