K.T.Haridas vs Union Of India
2021 Latest Caselaw 23699 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
  TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                       WP(C) NO. 26054 OF 2020




PETITIONER:

          K.T.HARIDAS
          KARUTHEDATH HOUSE,
          PALAPPURAM, OTTAPALAM,
          PALAKKAD 679 103

          BY ADV ENOCH DAVID SIMON JOEL




RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY THE SECRETARY,
          MINISTRY OF ENVIRONMENT AND FORESTS,
          INDIRA PARYAVARAN BHAWAN,
          JORBAGH ROAD,
          NEW DELHI 110 003

    2     STANDING COMMITTEE OF THE NATIONAL BOARD FOR WILF LIFE,
          NATIONAL BOARD FOR WILDLIFE,
          MINISTRY OF ENVIRONMENT AND FORESTS,
          INDIRA PARYAVARAN BHAWAN,
          JORBAGH ROAD,
          NEW DELHI 110 003
          REPRESENTED BY ITS CHAIRMAN

    3     STATE OF KERALA,
          REPREENTED BY THE SECRETARY,
          DEPARTMENT OF INDUSTRIES,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001
 WP(C) NO. 26054 OF 2020
                               2



    4     DIRECTOR OF MINING AND GEOLOGY,
          DIRECTORATE OF MINING AND GEOLOGY
          KESAVADASAPURAM, PATTOM PALACE P.O,
          THIRUVANANTHAPURAM 695 004

          BY ADVS.
          SRI.K.SHRI HARI RAO, CGC
          SPL.GOVERNMENT PLEADER SRI.NAGARAJ NARAYAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26054 OF 2020
                                    3




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 26054 of 2020
               --------------------------------------------
              Dated this the 30th day of November, 2021

                              JUDGMENT

This writ petition has been filed praying for a direction to the 4 th

respondent to grant quarrying lease to the petitioner on the basis of

Ext.P1 letter of intent and other statutory licences without insisting

for a clearance from the 2nd respondent. The question regarding the

necessity of clearance is already referred to Larger Bench based on

reference order dated 08.04.2021 in W.P.(C) No.20034/2020. In the

above circumstances, the counsel for the petitioner submits that the

issue regarding clearance should not be an obstacle for consideration

of all other aspects regarding granting of quarrying lease. I find

considerable force in the above submission.

Hence this writ petition is disposed of directing the 4 th

respondent to complete all the formalities regarding the grant of

quarrying lease to the petitioner without insisting for a clearance from

the 2nd respondent. However, it is made clear that the grant of lease WP(C) NO. 26054 OF 2020

will be subject to the result of the reference made by the Single

Judge. The procedure may be completed within two months from the

date of receipt of a copy of this judgment and the 4 th respondent may

also consider if quarrying lease can be granted provisionally subject

to the clearance. The counsel for the 3rd respondent submits that

clearance of the 2nd respondent is on the basis of submission of

necessary inputs into the portal and that the petitioner may also be

directed to go ahead with the process for the clearance in the

meanwhile. The petitioner shall complete the process for clearance

from the 2nd respondent in order to facilitate grant of quarrying lease.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 26054 OF 2020

APPENDIX OF WP(C) 26054/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT DATED 10.10.2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE CONSENT DATED 07-04-2018 VALID TILL 31-05-2022 ISSUED BY THE POLLUTION CONTROL BOARD

EXHIBIT P2(A) TRUE COPY OF THE EC CERTIFICATE DATED 05.03.2018 ISSUED BY THE DEIAA, PALAKKAD

EXHIBIT P2(B) TRUE COPY OF THE EXPLOSIVE LICENSE DATED 04-10-2018 VALID TILL 31-03-2023 ISSUED TO THE PETITIONER.

EXHIBIT P2(C) TRUE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE PERUR GRAMA APNCHAYAT

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 21-01-2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 2ND RESPONDENT THROUGH E-MAIL

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 18-12-2019 IN WP(C) NO 29622/2019 (REPORTED IN 2020 (1)KLT 109)