M.Aliyarukutty vs The Director Of Mining And Geology
2021 Latest Caselaw 13139 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 23RD DAY OF JUNE 2021/2ND ASHADHA, 1943
                     WP(C) NO. 399 OF 2021


PETITIONER:

         M.ALIYARUKUTTY, M.S.HOUSE,
         VAKKANAD P.O., KAREEPRA,
         KOLLAM DISTRICT.

         BY ADVS.
         K.P.SATHEESAN (SR.)
         SRI.P.MOHANDAS (ERNAKULAM)
         SRI.K.SUDHINKUMAR
         SRI.S.K.ADHITHYAN
         SRI.SABU PULLAN
         SRI.GOKUL D. SUDHAKARAN
RESPONDENTS:

    1    THE DIRECTOR OF MINING AND GEOLOGY,
         OFFICE OF THE DIRECTOR OF MINING
         AND GEOLOGY, KESAVADASAPURAM,
         PATTOM P.O., THIRUVANANTHAPURAM-695004.

    2    THE GEOLOGIST,
         MINING AND GEOLOGY DEPARTMENT,
         DISTRICT OFFICE, KOLLAM-691013.

    3    THE DISTRICT COLLECTOR,
         CIVIL STATION, KOLLAM-691013.

         BY GOVERNMENT PLEADER SRI.MANU RAJ

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.399/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 23rd day of June, 2021

The petitioner seeks to direct the 2 nd respondent to

forward Ext.P8 application to the 1 st respondent as

expeditiously as possible and to direct the 1 st respondent to

take a decision on Ext.P8 application as per the Rules on

19.02.2019, within a time limit.

2. The petitioner would state that he along with four

others entered into a partnership to conduct business in metal

crusher unit, manufacturing of building materials, etc. The

partnership agreement was entered into on 17.08.2007. The

Firm satisfied all the eligibility conditions required for starting a

quarry. A quarrying permit was issued on 03.04.2019 which

was valid till 31.03.2020.

3. The petitioner submitted application for quarrying

lease on 19.02.2019. There was delay in processing the said WP(C) No.399/2021

application. At the directions of the 1st respondent, the

petitioner cured defects in the application and an application

was submitted afresh. The contention of the petitioner is that

the 2nd respondent-Geologist is not forwarding the application

stating that the petitioner has to comply with the distance rule

of 200 m., as ordered by the National Green Tribunal. The

petitioner therefore seeks to direct the 2 nd respondent to

forward Ext.P8 application to the 1st respondent.

4. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

5. Ext.P3 would show that the petitioner was granted a

quarrying permit on 03.04.2019 which was valid up to

31.03.2020. The petitioner as per Ext.P4 had applied for

renewal of the quarrying lease even before the said expiry

date. The petitioner would submit that an accident had

occurred in certain survey numbers and therefore the 2 nd

respondent required the petitioner to give an application

excluding those survey numbers, for renewal of the quarrying

permit. The petitioner wants to consider his renewal WP(C) No.399/2021

application as a continuation of issuance of the original

quarrying permit.

6. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

7. It is evident that the petitioner has submitted Ext.P8

application for grant of quarrying lease under Form-B of the

Kerala Minor Mineral Concession Rules. The respondents are

competent to consider Ext.P8 application and also to decide

whether Ext.P8 application should be treated as one in

continuation of the earlier quarrying lease granted. As the

application is in respect of the same land excluding certain

survey numbers, this Court is of the opinion that this should be

considered by the respondents at the first instance.

In the circumstances of the case, the writ petition is

disposed of directing the 1st respondent to consider Ext.P8

application submitted by the petitioner for grant of quarrying

lease under the Kerala Minor Mineral Concession Rules. The

petitioner is at liberty to supply any more documents and

certificates to the 2nd respondent if found required. The 1 st WP(C) No.399/2021

respondent shall consider Ext.P8 application and take a final

decision thereon within a further period of four weeks.

Sd/-

N. NAGARESH, JUDGE

aks/24.06.2021 WP(C) No.399/2021

APPENDIX OF WP(C) 399/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AMENDED DEED OF PARTNERSHIP MADE ON 26.7.2018.

EXHIBIT P2 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 19.6.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KOLLAM.

EXHIBIT P3 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE 2ND RESPONDENT AS NO.2/2019-

20/MM/GBS/STP/DQQ/S2/1040/19 DATED 3.4.2019.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 19.2.2019 FILED BY THE PETITIONER FOR QUARRYING PERMIT FROM 1.4.2020 (WITHOUT DOCUMENTS).

EXHIBIT P5 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 15.11.2018.

EXHIBIT P6 TRUE COPY OF THE OBJECTION RAISED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 25.5.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER GIVEN BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT WITH COPY TO THE PETITIONER DATED 9.10.2020 (WRONGLY WRITTEN AS 9.10.2019).

EXHIBIT P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.11.2020 (WITHOUT DOCUMENTS).

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