Divya Metal Industries vs Director, Mining And Geology
2021 Latest Caselaw 18376 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. 730 OF 2021

         AGAINST JUDGMENT DATED 18.12.2020 IN W.P(C)NO.23166/2020

AND ORDER DATED 10.03.2021 IN RP 91/2021 IN WP(C) 23166/2020 OF THIS COURT.

                                      ---

APPELLANT/PETITIONER:

  DIVYA METAL INDUSTRIES,PARTNERSHIP FIRM,

  CHELAKODE P.O.,PAZHAYANNUR,THRISSUR 680 587.

  REPRESENTED BY ITS MANAGING PARTNER, V. GOVINDANKUTTY.

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

KARTHIKA MARIA, ANIL SEBASTIAN PULICKEL, DIVYA SARA GEORGE,

JAISY ELZA JOE, LEAH RACHEL NINAN, VEENA RAVEENDRAN.

RESPONDENTS/RESPONDENTS:

1.THE DIRECTOR, MINING AND GEOLOGY,

  DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,

  PATTAM PALACE P.O, THIRUVANANTHAPURAM 695 004.

AND ANOTHER.

BY GOVERNMENT PLEADER


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, High Court be pleased to
stay the operation of the Judgment dated 18.12.2020 in
W.P.(C)No.23166/2020 and Order dated 10.03.2021 in RP No.91/2021 of the
learned Single Judge, pending disposal of the Writ Appeal.


     This Writ Appeal again coming on for orders along with connected
cases 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