M/S.Karippaparambil Crusher ... vs The Director Of Mining And Geology
2021 Latest Caselaw 19641 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                        WP(C) NO. 19373 OF 2021
PETITIONER:

          M/S.KARIPPAPARAMBIL CRUSHER WORKS
          MUNDAKAYAM EAST P.O., POOVANCHY, IDUKKI-686513,
          REPRESENTED BY ITS MANAGING PARTNER, SRI. ABY DOMINIC.

          BY ADVS.
          PHILIP J.VETTICKATTU
          SAJITHA GEORGE



RESPONDENTS:

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

    2     THE DISTRICT GEOLOGIST
          MINING AND GEOLOGY DEPARTMENT, OFFICE OF THE DISTRICT
          GEOLOGIST, IDUKKI, MINI CIVIL STATION, THODUPUZHA,
          IDUKKI-685584.



          SRI. P.S. APPU. G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19373 OF 2021

                                         2


                                   JUDGMENT

This writ petition is filed seeking the following relief:

"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.P8 forthwith by affording an opportunity of being heard 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, who is a grantee of a quarrying lease had submitted Ext.P3

application for renewal of the period of the lease. It is submitted that the

1st respondent had allowed the application by Ext.P6 and the petitioner

had remitted the Consolidated Royalty. However, Ext.P7 order had been

issued stating that the incumbent in the post of the 1 st respondent had

been removed from the post with effect from 24.03.2021 and since the

order of renewal had been passed by the said person after 24.03.2021, the

orders stands cancelled. Ext.P8 had, thereafter, been issued directing the

reconsideration of all orders issued by the removed officer between

24.03.2021 and 31.03.2021. The direction was to the 1 st respondent to WP(C) NO. 19373 OF 2021

reconsider all the cases afresh and to issue orders on merits, urgently.

The learned counsel for the petitioner seeks a consideration of Ext.P4

application submitted by the petitioner in the light of Ext.P8 without

delay.

Having considered the contentions advanced, I am of the opinion

that since Ext.P8 is dated 07.07.2021, the application preferred by the

petitioner is liable to be considered without any further delay. There

will, accordingly, be a direction to the 1 st respondent to consider Ext.P4

application preferred by the petitioner, in the light of Ext.P8, within a

period of one month 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. 19373 OF 2021

APPENDIX OF WP(C) 19373/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE DATED 16.5.2011 EXECUTED IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF PROCEEDINGS OF THE COMPETENT AUTHORITY, DATED 21.10.2015.

Exhibit P3 TRUE COPY OF REGISTRATION RENEWED BY THE COMPETENT AUTHORITY FOR THE PERIOD 29.5.2020 TO 31.3.2021, DATED 29.5.2020.

Exhibit P4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER SANS THE DOCUMENTS DATED 10.3.2021.

Exhibit P5 TRUE COPY OF COMMUNICATION DATED 27.3.2021 ISSUED BY THE 2ND RESPONDENT RECOMMENDING RENEWAL.

Exhibit P6 TRUE COPY OF PROCEEDING OF THE 1ST RESPONDENT DATED 30.3.2021.

Exhibit P7 TRUE COPY OF GENERAL ORDER BEARING NO.G.O.

(RT) NO.414/2021/ID DATED 31.3.2021.

Exhibit P8 TRUE COPY OF COMMUNICATION DATED 7.7.2021 ISSUED BY THE GOVERNMENT CLARIFYING EXT.P8.