Frits T.M.Clement vs The District Geologist
2022 Latest Caselaw 3853 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                         WP(C) NO.7169 OF 2022
PETITIONER :-

             FRITS T.M.CLEMENT,
             DISHA T.C.22/19, PUTHENCOTTA, MANACAUD,
             THIRUVANANTHAPURAM.

             BY ADVS.
             PHILIP J.VETTICKATTU
             SAJITHA GEORGE
             NEENU BERNATH



RESPONDENT :-

             THE DISTRICT GEOLOGIST
             MINING & GEOLOGY DEPARTMENT,
             THIRUVANANTHAPURAM - 695 036

             SMT.PRINCY XAVIER-SR.G.P


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.04.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.7169 OF 2022

                               -: 2 :-


                           JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking directions to the respondent

to extend the validity of Ext.P11 quarrying permit issued to the

petitioner for a period of seven months. The petitioner seeks a

revalidation of Ext.P1 Environmental Clearance on the basis of

Ext.P11 as well.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned Government Pleader that

there are complaints raised against the petitioner with regard to

the excess quarrying from the areas other than permitted areas

and that the same has been sent for report to the Tahsildar.

4. The learned counsel for the petitioner submits that an

earlier complaint of the very same nature had been enquired into

by the Tahsildar and Ext.P19 report had been generated on

7.2.2022 finding that there is no merit in the complaint. It is,

therefore, contended that the petitioner's request is liable to be

considered in accordance with law.

There will, accordingly, be a direction to the respondent

to consider Ext.P14 application submitted by the petitioner for WP(C) NO.7169 OF 2022

extension of validity of Ext.P11 permit after considering all

relevant aspects, within a period of one month from the date of

receipt of a copy of this judgment. Orders passed as directed

above shall be subject to the orders to be passed on the complaints

and the enquiry pending in the matter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/8.4.2022 WP(C) NO.7169 OF 2022

APPENDIX OF WP(C) 7169/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ENVIRONMENTAL CLEARANCE DATED 2.8.2018 ISSUED BY THE COMPETENT AUTHORITY.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF EXPLOSIVE LICENSE ISSUED BY THE COMPETENT AUTHORITY TO THE PETITIONER, DATED 1.4.2021.

Exhibit P3 TRUE COPY OF THE CONSENT TO OPERATE DATED 1.9.2018 ISSUED BY THE POLLUTION CONTROL BOARD (RELEVANT PAGES).

Exhibit P4 TRUE COPY OF LICENSE ISSUED BY THE PANCHAYAT TO THE PETITIONER DATED 10.9.2021.

Exhibit P5 TRUE COPY OF MINING PERMIT, DATED 26.3.2019 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P6 TRUE COPY OF MINING PERMIT, DATED 3.8.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF PRINT OUT TAKEN FROM THE WEB SITE OF THE RESPONDENT DATED 23.9.2020 SUSPENDING QUARRYING.

Exhibit P8 TRUE COPY OF PRINT OUT TAKEN FROM THE WEB SITE OF THE RESPONDENT DATED 17.3.2021 REVOKING SUSPENSION.

Exhibit P9 TRUE COPY OF GO (RT) NO.203/2021/ID, DATED 12.2.2021.

Exhibit P10 TRUE COPY OF APPLICATION FOR RENEWAL OF QUARRYING PERMIT SUBMITTED BY THE PETITIONER.

Exhibit P11 TRUE COPY OF MINING PERMIT, DATED 17.9.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P12 TRUE COPY OF STOCK REPORT DATED 23.2.2022 FROM 17.9.2021 TO 11.2.2022.

WP(C) NO.7169 OF 2022

Exhibit P13 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 28.1.2022.

Exhibit P14 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DY. DIRECTOR DATED 8.2.2022.

Exhibit P15 TRUE COPY OF STOP MEMO ISSUED BY THE VILLAGE OFFICER WRONGLY DATED 13/2/2022

Exhibit P16 TRUE COPY OF THE OBJECTION SUBMITTED BYTHE PETITIONER BEFORE THE VILLAGE OFFICER ON 15-1-

Exhibit P17 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR (LR) DATED 20-01-2022

Exhibit P18 TRUE COPY OF THE REPORT ALONG WITH THE SKETCH PREPARED BY THE TALUK SURVEYOR, MARANELLOOR OBTAINED UNDER THE PROVISIONS OF RTI ACT, 2005

Exhibit P19 TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR DATED 7-2-2022