Aruna.P vs State Of Kerala
2021 Latest Caselaw 19839 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                        WP(C) NO. 18125 OF 2021
PETITIONER:

          ARUNA.P.,
          AGED 34 YEARS
          W/O. RATHEESH A, ARUNA VILASAM, KALAYAPURAM, KOLLAYIL
          P.O. THIRUVANANTHAPURAM DISTRICT.

          BY ADVS.
          MANOJ RAMASWAMY
          JOLIMA GEORGE
          JISHA SASI
          C.B.SABEELA
          CHINNU ROSE MARY THOMAS



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION, KOLLAM DISTRICT 691 013.

    3     THE TAHSILDAR,
          TALUK OFFICE, PUNALUR, KOLLAM DISTRICT 691 305.

    4     HINDUSTAN PETROLEUM CORPORATION LIMITED,
          REPRESENTED BY ITS CHIEF REGIONAL MANAGER, COCHIN
          RETAIL REGIONAL OFFICE P.B. NO. 1601, ERNAKULAM NORTH
          P.O. ERNAKULAM 682 018.

    5     THE GEOLOGIST,
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
          KOLLAM DISTRICT 691 008.

          BY ADVS.
          SMT.PRINCY XAVIER, SENIOR GOVERNMENT PLEADER
          M.GOPIKRISHNAN NAMBIAR
          K.JOHN MATHAI
 WP(C) NO.18125/2021
                                  2

            JOSON MANAVALAN
            KURYAN THOMAS
            PAULOSE C. ABRAHAM
            RAJA KANNAN




     THIS    WRIT   PETITION     (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   23.09.2021,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.18125/2021
                                     3


               P.V.KUNHIKRISHNAN, J
     --------------------------------------
             W.P.(C)No.18125 of 2021
     --------------------------------------
      Dated this the 23rd day of September 2021

                             JUDGMENT

The above writ petition is filed with

following prayers:

"i) A writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to issue necessary NOC pursuant to Exhibit P2 application after obtaining clarification from 3 rd & 5th respondents, within a time frame as fixed by this Hon'ble Court.

ii) A writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Exhibit P2 within a time frame as fixed by this Hon'ble Court.

iii) A writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to submit necessary report on Exhibit P5 expeditiously.

iv) A writ of mandamus or other appropriate writ, order or direction directing the 5th respondent to submit necessary report on Exhibit P6 expeditiously.

v) Any other further relief or order as this Hon'ble Court may deem fit and proper to meet the ends of justice.

vi) Award the cost of these proceedings."

WP(C) NO.18125/2021

2. Today when the matter came up for

consideration, the learned counsel for the

petitioner submitted that, she will be satisfied,

if a direction is issued to the 2nd respondent to

consider Ext.P2 application and pass appropriate

orders in it in accordance to law within a time

frame.

3. Heard the learned Government Pleader and

the learned Standing counsel for the 4th

respondent.

4. After hearing both sides, I think the

above prayer can be allowed.

Therefore, this writ petition is disposed in

the following manner:

i) The 2nd respondent/the competent

authority will consider Ext.P2 application and

pass appropriate orders in it in accordance to law

as expeditiously as possible, at any rate, within

six weeks from the date of receipt of a copy of

this judgment.

WP(C) NO.18125/2021

ii) Before passing final orders, the 2nd

respondent/the competent authority will hear the

petitioner and the other affected parties.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.18125/2021

APPENDIX OF WP(C) 18125/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER VIDE NO.

CRRO/RET/ADVT/2018-19 DATED 04.10.2019.

EXHIBIT P2 TRUE COPY OF APPLICATION VIDE NO.

CRO/AT/E & P DATED 02.12.2019.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 28.12.2020 ISSUED FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPORT DATED 29.01.2021 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE CLARIFICATION SOUGHT BY 2ND RESPONDENT FROM THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 18.08.2021.

EXHIBIT P7 TRUE COPY OF THE DEVELOPMENT PERMIT VIDE NO. A5-BA(29379/2021 DATED 05.02.2021.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE