V. Govindankutty vs District Geologist
2021 Latest Caselaw 18378 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. 731 OF 2021

             AGAINST JUDGMENT DATED 18.12.2020 IN WP(C) 36329/2015

AND ORDER DATED 10.03.2021 IN R.P.NO.112/2021 IN WP(C) 36329/2015 OF THIS COURT.

                                       ---

  APPELLANT/PETITIONER:

    V. GOVINDANKUTTY,MANAGING PARTNER,AGED 71 YEARS,

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

    THRISSUR DISTRICT, RESIDING AT VELLAMKANDATH HOUSE,

    ENGAKKAD P.O.,WADAKKANCHERY, THRISSUR.

  BY ADVS.M/S.SANTHOSH MATHEW,ARUN THOMAS,JENNIS STEPEHN,

  KARTHIKA MARIA & JAISY ELZA JOE.

  RESPONDENTS/RESPONDENTS:

  1.THE DISTRICT GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,

    DISTRICT OFFICE, THRICHUR-680 003.

  AND 2 OTHERS.

  BY GOVERNMENT PLEADER FOR R-1 AND R-2.


       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.36329/2015 and Order dated 10.03.2021 in RP No.112/2021 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