Dark Stone Land Developers ... vs The District Geologist
2021 Latest Caselaw 12542 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

        TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943

                        WP(C) NO. 10428 OF 2021

PETITIONER:


            DARK STONE LAND DEVELOPERS PVT.LTD
0




            VARODE P.O., OTTAPPALAM, PALAKKAD, REPRESENTED BY ITS
            MANAGING DIRECTOR.


            BY ADVS.
            PHILIP J.VETTICKATTU
            SMT.SAJITHA GEORGE


RESPONDENTS:


    1       THE DISTRICT GEOLOGIST
            PALAKAKD, MUNICIPAL SHOPPING COMPLEX, T.B.ROAD,
            PALAKKAD-678 014.


    2       THE SUB DIVISIONAL MAGISTRATE AND SUB COLLECTOR,
            RDO OFFICE, OTTAPPALAM, PALAKKAD-679 101.


OTHER PRESENT:
          GP VINITHA B

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.10428 of 2021
                                      2


                              JUDGMENT

Dated this the 25th day of May, 2021

This writ petition is filed seeking directions to the 1st

respondent to issue necessary permits or passes for removing the

rock already excavated on the strength of movement permit

issued by the respondent. It is submitted by the learned counsel

for the petitioner that seeking a permission to remove the rock

already excavated, the petitioner has approached the 1st

respondent with Ext.P10 request and the same is liable to be

considered, in accordance with law.

2. The learned Government Pleader submits that as there

are already proceedings initiated by the 2nd respondent under

Section 133 Cr.PC and an order issued under Section 142 of the

Cr.PC. The 2nd respondent is also liable to be consulted by the 1st

respondent before orders are passed.

3. In the above view of the matter, there will be a

direction to the 1st respondent to take up Ext.P10 request made

by the petitioner and to pass orders on the same within a period

of three weeks from the date of receipt of a copy of this W.P.(C) No.10428 of 2021

judgment. The petitioner shall be put on notice and heard through

any appropriate means including video conferencing before

orders are passed. It is made clear that the 2nd respondent shall

also be consulted by the 1st respondent before orders are passed

as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/25.05.2021 W.P.(C) No.10428 of 2021

APPENDIX PETITIONER'S/EXHIBITS

EXHIBIT P1 TRUE COPY OF QUARRYING LEASE DATED 25.05.2020 EXECUTED BETWEEN THE PETITIONER AND THE GOVERNMENT.

EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE ISSUED BY THE SEIAA, KERALA DATED 25.10.2017.

EXHIBIT P3 TRUE COPY O CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 24.12.2018 AND VALID UP TO 24.10.2022.

EXHIBIT P4 TRUE COPY OF EXPLOSIVE LICENSE ISSUED BY THE PESO DATED 27.11.2020 AND VALID UP TO 31.03.2024.

EXHIBIT P5 TRUE COPY OF LICENSE ISSUED BY THE LOCAL AUTHORITY DATED 21.12.2019 AND VALID UP TO 31.03.2023.

EXHIBIT P6 TRUE COPY OF MOVEMENT PERMIT DATED 07.12.2020 AGREEMENT EXECUTED WITH THE MINES MATE APPOINTED BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF ORDER PASSED BY THE SUB DIVISIONAL MAGISTRATE DATED 20.01.2021 UNDER SECTION 142 OF CR.PC.

EXHIBIT P8 TRUE COPY OF INTERIM ORDER DATED 01.03.2021 PASSED BY THIS HON'BLE COURT IN CRL.MC NO.1232/2021.

EXHIBIT P9 TRUE COPY OF INTERIM ORDER DATED 08.04.2021 PASSED BY THIS HON'BLE COURT IN CRL.MC NO.1232/2021.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 19.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 19.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ITS RECEIPT.