V. Govindankutty vs Director
2021 Latest Caselaw 18368 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                       &
                    THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         Tuesday, the 7th day of September 2021 / 16th Bhadra, 1943
                             WA NO. 729 OF 2021

                AGAINST JUDGMENT DATED 18.12.2020 IN WP(C) 30036/2019

        AND ORDER DATED 10.03.2021 IN R.P.NO.90/2021 OF THIS COURT.

                                      ---

APPELLANT/PETITIONER:

  V. GOVINDANKUTTY,S/O. RAMAN NAIR,AGED 71 YEARS,MANAGING PARTNER,

  DIVYA METAL INDUSTRIES, CHELAKODE P.O., PAZHAYANNUR,

  THRISSUR DISTRICT-680 587, RESIDING AT VELLAMKANDATH HOUSE,

  ENKAKKAD P.O., WADAKANCHERY, THRISSUR DISTRICT.

BY ADVS. M/S.SANTHOSH MATHEW, ARUN THOMAS,JENNIS STEPHEN,VIJAY V. PAUL,

KARTHIKA MARIA,ANIL SEBASTIAN PULICKEL, JAISY ELZA JOE,

LEAH RACHEL NINAN, NANDA SANAL,SANITA SABU VARGHESE & VEENA RAVEENDRAN

RESPONDENTS/RESPONDENTS:

1.DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY,

  KESAVADASAPURAM, PATTOM PALACE P.O.,

  THIRUVANANTHAPURAM-695004.

AND 3 OTHERS.

BY GOVERNMENT PLEADER FOR R1 TO R3.


     Prayer for interim relief in the Writ Appeal stating that         in the
circumstances stated in the appeal memorandum, the High Court be      pleased
to stay the operation of the judgment dated 18.12.2020 in              W.P(C)
NO.30036/2019 and Order dated 10.03.2021 in R.P.No.90/2021 of the     learned
Single Judge, pending disposal of the Writ Appeal.


     This Writ Appeal again coming on for orders along with connected
cases on 07.09.2021 upon perusing the appeal memorandum and this Court's
order dated 19.05.2021, the court on the same day passed the following:

                                                                      P.T.O.
                            S.Manikumar, C.J.
                                    &
                            Shaji P.Chaly, J.
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                   W.A.Nos.729, 730 & 731 of 2021
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
               Dated this the 7th day of September, 2021

                               ORDER

S.Manikumar, C.J.

On this day, when the matter came up for hearing,

Mr.Santhosh Mathew, learned counsel for the appellant submitted

that the subject road under dispute is not completed. He further

submitted that the said road is not being used by the appellant.

Placing on record the abovesaid submission, we order that the

subject road shall not be used by the appellant or any other person

acting on his behalf.

Though Mr.Santhosh Mathew, learned counsel for the appellant

sought for a direction permitting quarrying activity, we are not

inclined to pass any such order, for the reason that the request for

renewal of permit is stated to be pending consideration by the

authorities.

W.A.Nos.729, 730 & 731 of 2021

Learned Government Pleader seeks time.

Post on 27.09.2021.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv

07-09-2021 /True Copy/ Assistant Registrar