Malabar Granites vs The Director, Mining And Geology
2021 Latest Caselaw 19063 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                        WP(C) NO. 17985 OF 2021
PETITIONER:

          MALABAR GRANITES
          AMAYUR P.O, PATTAMBI, PALAKKAD, REPRESENTED BY ITS
          MANAGING PARTNER.

          BY ADVS.
          PHILIP J.VETTICKATTU
          SAJITHA GEORGE



RESPONDENTS:

    1     THE DIRECTOR, MINING AND GEOLOGY
          DIRECTORATE OF MINING & GEOLOGY DEPARTMENT, PATTOM
          PALACE P.O, TRIVANDRUM - 695004.

    2     THE DISTRICT GEOLOGIST
          MINING & GEOLOGY DEPARTMENT, OFFICE OF THE DISTRICT
          GEOLOGIST, MUNICIPAL SHOPPING COMPLEX, T.B. ROAD,
          PALAKKAD - 678014.



          P.S.APPU-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17985 OF 2021

                                        2


                                  JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) issue a writ of Mandamus or any other appropriate writ, direction or order directing the respondents to issue a certificate extending validity of Ext.P1 quarrying lease for a period of one more year in terms of Ext.P2 Government order forthwith;

ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to dispose of Ext.P4 application, in the light of Ext.P2 forthwith by affording an opportunity of hearing to the petitioner."

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 holds quarrying lease which is produced as Ext.P1 with regard

to 3.5204 hectares of land in Re-survey No.365, 366 and 367/5 of the

Koppam Village, Ottapalam Taluk, Palakkad District. It is submitted that

the period of Ext.P1 lease is to expire on 08.03.2023. It is submitted that

by Ext.P2 Government Order dated 12.02.2021, the Government had

ordered extension of the validity period of quarrying permit and

quarrying leases for a period of one year in view of the notification WP(C) NO. 17985 OF 2021

issued by the Ministry of Environment, Forest and Climate Change,

Government of India on 18.01.2021. The learned counsel for the

petitioner submits that the notification directed nullifying the period

from 01.04.2020 to 31.03.2021 for the purpose of calculation of the period

of validity of prior environmental clearances etc. The petitioner has,

therefore, preferred Ext.P4 application before the 1 st respondent for

extending the validity of the lease granted to the petitioner as Ext.P1.

4. The learned Government Pleader submits that Ext.P1 admittedly

has a validity upto 08.03.2023 and therefore it is doubtful whether the

extension granted in Ext.P2 would apply to the petitioner's case.

However, in view of the fact that the petitioner admittedly is the

holder of Ext.P1 quarrying lease which is to expire on 08.03.2023 and

since Ext.P2 order has been passed permitting the extension of validity

of quarrying permits and quarrying leases for a period of one year in the

light of the notifications dated 18.01.2021, I am of the opinion that the 1 st

respondent is duty bound to consider Ext.P4 request made by the

petitioner, taking note of Ext.P2 as well. There will, accordingly, be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P4 request made by the petitioner for extension of the quarrying WP(C) NO. 17985 OF 2021

lease, taking note of Ext.P2 Government Order in accordance with law,

within a period of two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 17985 OF 2021

APPENDIX OF WP(C) 17985/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE QUARRYING LEASE DATED 09.03.2011 EXECUTED IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF G.O(RT) NO. 203/2021/ID DATED 12.2.2021.

Exhibit P3 TRUE COPY FO THE CIRCULAR ISSUED BY THE POLLUTION CONTROL BOARD BEARING NO.

PCB/HO/CIRCULAR/2015 DATED 18.03.2021.

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 25.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF JUDGMENT DATED 10.08.2021 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 16072/2021.

Exhibit P6 TRUE COPY OF JUDGMENT DATED 11.08.2021 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 16310/2021.