Dineshmon N.T vs The District Geologist
2022 Latest Caselaw 256 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                          WP(C) NO.336 OF 2022
PETITIONER :-

             DINESHMON N.T.,
             PROPRIETOR, M/S.RUDRA GRANITES,
             NEENDUTHALAKKAL HOUSE, KUNDUKADU P.O.,
             MUTTIKKAL, THRISSUR-680 028.

             BY ADVS.
             PHILIP J.VETTICKATTU
             SAJITHA GEORGE


RESPONDENTS :-

      1      THE DISTRICT GEOLOGIST
             MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE,
             THRISSUR, MINI CIVIL STATION, 1ST FLOOR
             CHEMPOOKAVU, THRISSUR-680 020.

      2      THE DIRECTOR,
             MINING & GEOLOGY DIRECTORATE, PATTOM PALACE P.O.,
             THIRUVANANTHAPURAM-695 004.

      3      STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
             (SEIAA KERALA), REPRESENTED BY ITS
             MEMBER SECRETARY, 4TH FLOOR,
             KSRTC BUS TERMINAL COMPLEX,
             THIRUVANANTHAPURAM-695 001.

             BY SRI.M.P.SREEKRISHNAN, SC
             BY SRI.S.KANNAN, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    11.01.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.336 OF 2022

                                    -: 2 :-


                                JUDGMENT

Dated this the 11th day of January, 2022

This writ petition is filed seeking directions to the 1 st

respondent to issue movement permit to the petitioner for the

period beyond 17.1.2022 as well. It is submitted that the

petitioner's Environmental Clearance is valid till 7.8.2022 and that

the request for movement permit is, therefore, liable to be

considered in accordance with law.

2. The learned Government Pleader submits, on

instructions, that in case the petitioner submits an application for

movement permit, the same will be considered in accordance with

law.

There will, accordingly, be a direction to the 1st

respondent to consider the application to be submitted by the

petitioner for movement permit, taking note of the validity of the

petitioner's Environmental Clearance, within a period of ten days

from the date on which the petitioner submits the application.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/11.1.2022 WP(C) NO.336 OF 2022

APPENDIX OF WP(C) 336/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE DATED 28.09.2016, VALID UPTO 27.8.2028

Exhibit P2 TRUE COPY OF THE CERTIFICATE OF ENVIRONMENTAL CLEARANCE DATED 09.08.2016 ISSUED TO THE PETITIONER VALID FOR 5 YEARS

Exhibit P3 TRUE COPY OF SO NO.221(E) DATED 18.1.2021 ISSUED BY THE MINISTRY OF ENVIRONMENT AND FOREST AND CLIMATE CHANGE

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF EXPLOSIVE LICENSE DATED 20.9.2021 VALID UPTO 31.03.2023

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE CONSENT TO OPERATE DT 11.12.2021, VALID UP TO 8.8.2022

Exhibit P6 TRUE COPY OF LICENSE ISSUED BY THE PANCHAYAT DATED 16.4.2021 VALID UP TO 31.3.2022

Exhibit P7 TRUE COPY OF MOVEMENT PERMIT ISSUED BY THE 1ST RESPONDENT DT 29.12.2021 VALID UP TO 12.1.2021

Exhibit P8 TRUE COPY OF PRINT OUT OF SCREENSHOT TAKEN FROM THE WEB SITE OF THE 2ND RESPONDENT VIZ KOMPAS

Exhibit P9 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT 1.1.2022

Exhibit P10 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT 3.1.2022