Four Star Granites (P) Ltd vs State Of Kerala
2021 Latest Caselaw 13040 Ker

WP(C) NO. 11998 OF 2021              1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
    FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                      WP(C) NO. 11998 OF 2021
PETITIONER:

          FOUR STAR GRANITES (P) LTD
          OLLUKKARA, KOOTTALA P.O., THRISSUR - 680652.
          REPRESENTED BY ITS MANAGING DIRECTOR SRI.ANIYAN
          MATHEW.

          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     THE SENIOR GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
          CHEMBUKAVU, THRISSUR - 680 020.

          SRI. RAVI KRISHNAN.GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11998 OF 2021               2



                            JUDGMENT

Dated this the 18th day of June, 2021

Admit. Government Pleader takes notice for the respondents.

2. Heard Sri Enoch David Simon Joel on behalf of the petitioner

and Sri Ravikrishnan, learned Government Pleader on behalf of the

respondents.

3. The petitioner was granted a quarrying lease as per Ext.P1

dated 10.01.2011 in respect of 0.3762 hectares of land in

Re.Sy.No.1255 (Part) in Ollukkara Village in Thrissur district. The

said lease was issued for a period of 10 years ending on

21.02.2021. It is pointed out that the consent to operate the

crusher unit is valid till 30.06.2023. The State Government had

issued Ext.P2 order on 12.02.2021 extending the validity period of

quarrying permit and quarrying lease for a period of one year. The

petitioner contends that Ext.P1 lease should be treated to be in

force for another period of one year. The grievance of the petitioner

is that after 21.02.2021, on which date the period of lease as per

Ext.P1 expired, the 3rd respondent is refusing to issue necessary

movement permits to the petitioner on the ground that Ext.P1 lease

has expired. The petitioner has filed this writ petition praying for a

direction to the 2nd respondent to issue movement permit to the

petitioner on the basis of Ext.P1 quarrying lease taking into account

the extension granted as per Ext.P2 Government order and for other

reliefs.

4. 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 lease taking into account Ext.P2 Government order,

and pass orders. I do not think that a different view has to be taken

in this writ petition, even though the contention of the petitioner is

that in the light of Ext.P2 Government order the lease should be

deemed to have been extended.

5. In the above circumstances, the writ petition is disposed of

directing the respondents to initiate action for extension of the lease

granted to the petitioner as per Ext.P1 taking into account Ext.P2

Government order and pass orders within three weeks from the date

of receipt of a certified copy of this judgment, if the petitioner is

otherwise entitled. The respondents shall thereafter consider the

request of the petitioner for issuance of movement permits on the

basis of Ext.P4 registration certificate and Ext.P4(a) dealer's licence

and other statutory licenses and pass necessary orders.

Sd/--

T.R.RAVI JUDGE

dsn

APPENDIX OF WP(C) 11998/2021

PETITIONER'S EXTS:

Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 10/01/2011 ISSUED TO THE PETITIONER.

Exhibit P1A TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY VALID TILL 21/02/2021 ISSUED BY THE POLLUTION CONTROL BOARD.

Exhibit P1B TRUE COPY OF THE RECEIPT DATED 12/02/2021 ISSUED BY THE POLLUTION CONTROL BOARD.

Exhibit P1C TRUE COPY OF THE CONSENT TO OPERATE THE CRUSHER UNIT VALID TILL 30/06/2023.

Exhibit P1D TRUE COPY OF THE D&O LICENSE FOR THE PERIOD 2020-21 ISSUED BY THE THRISSUR CORPORATION FOR OPERATING THE QUARRY.

Exhibit P1E TRUE COPY OF THE D&O LICENSE FOR THE PERIOD 2020-21 ISSUED BY THE THRISSUR CORPORATION FOR OPERATING THE CRUSHER UNIT.

Exhibit P1F TRUE COPY OF THE RECEIPT DATED 05/03/2021 ISSUED BY THE THRISSUR CORPORATION.

Exhibit P2 TRUE COPY OF THE ORDER DATED 12/02/2021 BEARING NO.G.O.(RT) NO.203/2021/ID ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 22/02/2021 BEARING NO.10972/M3/2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 04/03/2021 BEARING NO.107/20-

21/313/GA/C1/TDO/21 VALID TILL 03/03/2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4A TRUE COPY OF THE DEALER'S LICENSE DATED 04/03/2021 BEARING NO.107/29-

21/MM/DL/GA/314/C1/TDO/21 VALID TILL 03/03/2022

ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15/04/2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE REPLY DATED 20/04/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P6A TRUE COPY OF THE REMINDER LETTER DATED 26/05/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER DATED 28/05/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.