Mohammed Ashraf vs The District Geologist
2021 Latest Caselaw 21906 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                            WP(C) NO. 23320 OF 2021
PETITIONER:

              MOHAMMED ASHRAF
              AGED 50 YEARS
              S/O. ALAVI, MECHERI HOUSE, KALAPARAMBU P.O,
              PANDIKKADU VILLAGE, ERANAD TALUK, MALAPPURAM DISTRICT.

              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ


RESPONDENTS:

     1        THE DISTRICT GEOLOGIST
              DISTRICT OFFICE OF MINING AND GEOLOGY,
              MALAPPURAM DISTRICT, PIN:676121

     2        THE DIRECTOR,
              MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY,
              KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM - 695001.

     3        THE STATE OF KERALA,
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, - 695001.

     4        THE VILLAGE OFFICER,
              VETTIKKATTIRI VILLAGE, MALAPPURAM DISTRICT - 676521.

              SRI.RIYAL DEVASSY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23320 OF 2021

                                   2




                             JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction to the first respondent to consider and dispose exhibit P4 application submitted by the petitioner before the first respondent and thereby grant letter of intend to the petitioner to produce before the authorities for the purpose of extraction of laterite building stone from his property without insisting to submit fresh mining plan within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has submitted Ext.P4 application for a

quarrying permit before the 1st respondent and seeks a

consideration of the same. It is submitted that Ext.P4 is

submitted as early as in September, 2018, but no orders have

been passed on the same.

WP(C) NO. 23320 OF 2021

4. The learned Government Pleader submits that a site

inspection will be conducted and that the same will be

considered in accordance with law, without delay.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P4

application preferred by the petitioner, after conducting all due

inspections and after considering all relevant aspects of the

matter. Appropriate orders shall be passed within a period of

three months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 23320 OF 2021

APPENDIX OF WP(C) 23320/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DEMARCATION SKETCH OF THE PROPERTY OF PETITIONER ISSUED BY THE FOURTH RESPONDENT.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF MINING PLAN IN CONNECTION WITH THE PROJECT OF PETITIONER.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY OF PETITIONER ISSUED BY THE FOURTH RESPONDENT DATED 11.09.2018.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 13.09.2018 BEFORE THE FIRST RESPONDENT.

Exhibit P5 TRUE COPY OF THE COUNTERFOIL OF CHELAN DATED 5.9.2018.

RESPONDENT'S/S EXHIBITS: NIL