Deepam Granites vs State Of Kerala
2022 Latest Caselaw 3919 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. 12034 OF 2022
PETITIONER:

          DEEPAM GRANITES
          MURINGAMALA, VEMBALLOOR PO, PALAKKAD, PIN 678502
          REPRESENTED BY ITS MANAGING PARTNER MR. T. SANTHOSH,
          PIN - 678502
          BY ADVS.
          JOLLY JOHN
          LIZA MEGHAN CYRIAC
          IRENE BABU


RESPONDENTS:

    1     STATE OF KERALA
          STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE
          DEPARTMENT, SECRETARIAT, TRIVANDRUM PIN 695001, PIN -
          695001
    2     DISTRICT COLLECTOR
          DISTRICT COLLECTOR, PALAKKAD, SOUTH FORT ROAD,
          KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA 678001,
          PIN - 678001
    3     THE TAHSILDAR
          THE TAHSILDAR, ALATHUR LAND RECORDS, TALUK OFFICE,
          ALATHUR PALAKKAD DISTRICT, ALATHUR P.O, PIN 678541, PIN
          - 678541
    4     THE VILLAGE OFFICER
          THE VILLAGE OFFICER, ERIMAYOOR-II VILLAGE, THENKURISSI
          P.O, ALATHUR, PALAKKAD DISTRICT PINCODE 678681, PIN -
          678681
          BY SMT. VINITHA B., SENIOR GOVERNMENT PLEADER



     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.12034 OF 2022

                                           2




                                     JUDGMENT

Dated this the 5th day of April, 2022

This writ petition is filed seeking the following

relief:

"A) To issue the writ of mandamus to the respondents 3 and 4 to issue survey sketch within a time frame of two weeks as prayed for in Exhibit P5.

B) Or in alternative direct the respondents 3 and 4 to dispose of Exhibit P5 within a time frame of two weeks in accordance with law. "

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. It is submitted by the learned counsel

appearing for the petitioner that seeking survey

sketches of the property, the petitioner has submitted

Exhibit P5 application before the 4 th respondent and the

same is liable to be considered in accordance with law.

Exhibit P6 would show that Exhibit P5 has been duly

received by the Village Officer.

There will , accordingly, be a direction to the WP(C) NO.12034 OF 2022

4th respondent to take up, consider and pass orders on

Exhibit P5 request made by the petitioner, at the

earliest at any rate within ten days from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/05/04 WP(C) NO.12034 OF 2022

APPENDIX

PETITIONER EXHIBITS

Exhibit1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO: 4/17 DATED 21/04/2017 ISSUED BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, PALAKKAD VIDE ITS PROCEEDINGS NO: E/2703/16/DEIAA TO THE PETITIONER Exhibit2 A TRUE COPY OF THE QUARRYING LEASE DATED 30/08/2017 EXECUTED BETWEEN THE PETITIONER AND THE GEOLOGIST Exhibit P3 A TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE DATED 05/03/2020 ISSUED TO THE PETITIONER BY THE KERALA STATE POLLUTION CONTROL BOARD Exhibit P4 TRUE COPY OF THE LICENSE DATED 20/7/2021 ISSUED BY THE ERIMAYOOR GRAMA PANCHAYATH TO THE PETITIONER FOR RUNNING THE GRANITE QUARRY Exhibit P5 TRUE COPY OF THE APPLICATION DATED 01/10/2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT FOR ISSUANCE OF THE SURVEY SKETCH OF THE PROPERTY OWNED BY THEM IN RESURVEY NO: 444/1 TO 11 Exhibit P6 A TRUE COPY OF THE COVER NOTE/REPORT DATED 04/10/2021 NUMBERED AS 743/21 MADE BY THE 4TH RESPONDENT RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE