M/S.Anil Granites vs The District Collector
2021 Latest Caselaw 19333 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                       WP(C) NO. 2079 OF 2021
PETITIONER:

          M/S.ANIL GRANITES
          KEERAMPARA, KOTHAMANGALAM,
          REPRESENTED BY ITS MANAGING PARTNER, RAJEEV K.A

          BY ADVS.
          PHILIP J.VETTICKATTU
          SMT.SAJITHA GEORGE


RESPONDENT:

          THE DISTRICT COLLECTOR
          ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD 682 030.

          SRI.P.S.APPU, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2079 OF 2021

                                       2




                                JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) Issue a writ of mandamus or any other writ, order or direction directing the respondent to dispose of Ext.P3 application for NOC, forthwith"

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 has preferred Ext.P3 application for NOC before the

respondent and seeks a consideration of the same.

4. The learned Government Pleader submits, on instructions, that the

land in question is an ecologically fragile land and the application,

therefore, cannot be favourably considered.

5. Having heard the learned counsel on either side and in view of the

fact that the petitioner has submitted Ext.P3, I am of the opinion that the

respondent is liable to pass an appropriate order on the same. In the

above view of the matter, there will be a direction to the respondent to

take up, consider and pass orders on Ext.P3 application preferred by the

petitioner, with notice to the petitioner and after hearing him, through WP(C) NO. 2079 OF 2021

any appropriate means, including video conferencing, 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 NP WP(C) NO. 2079 OF 2021

APPENDIX OF WP(C) 2079/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF NO OBJECTION CERTIFICATE DATED 18.9.2009 ISSUED BY THE TAHSILDAR, KOTHAMANGALAM

EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE DATED 3/5/2010 EXECUTED BETWEEN THE THEN MANAGING PARTNER OF THE PETITIONER UNIT AND THE COMPETENT AUTHORITY.

EXHIBIT P3 TRUE COPY OF APPLICATION DATED 29.1.2018 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPORT DATED 8.6.2019 SUBMITTED BY THE TAHSILDAR BEFORE THE RESPONDENT.

Exhibit P5 TRUE COPY OF THE CIRCULAR BEARING NO.84339/2005/R.D. DATED 30/09/2005.

RESPONDENT'S/S EXHIBITS: NIL