M/S. Petra Crushers vs District Disaster Management ...
2022 Latest Caselaw 659 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                         W.P.(C) NO.1315 OF 2022
PETITIONER:

              M/S. PETRA CRUSHERS,
              ELAMCADU P.O., KOOTIKKAL,
              KANJIRAPALLY, KOTTAYAM
              REPRESENTED BY ITS MANAGING PARTNER
              SRI.THOMAS P.MATHEW.

              BY ADVS.
              ENOCH DAVID SIMON JOEL
              S.SREEDEV
              RONY JOSE
              LEO LUKOSE
              SUZANNE KURIAN
              CIMIL CHERIAN KOTTALIL


RESPONDENTS:

     1        DISTRICT DISASTER MANAGEMENT AUTHORITY,
              COLLECTORATE, KOTTAYAM-686 002
              REPRESENTED BY ITS CHAIRMAN.

     2        THE GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY,
              DISTRICT OFFICE, CIVIL STATION,
              KOTTAYAM-686 002.

              SMT.PRINCY XAVIER, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.1315 OF 2022
                                   -2-

                              JUDGMENT

This writ petition is filed seeking directions to the respondents

to consider Ext.P6 representation submitted by the petitioner

without delay.

2. The learned counsel for the petitioner submits that the

petitioner was unable to operate his quarry due to the order of

prohibition issued by the respondents. The petitioner approached

the 1st respondent pointing out the prohibitory order and seeking

consideration of his request for lift the prohibition on quarrying

activities.

Having heard the learned Government Pleader also, there will

be a direction to the 1st respondent to take up, consider and pass

orders on Ext.P6 representation submitted by the petitioner, with

notice to the petitioner and after hearing him through any

appropriate means including video conferencing, within a period of

three weeks from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE bpr W.P.(C) NO.1315 OF 2022

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED 20.03.2012 VALID TILL 19.03.2024.

EXHIBIT P1(A) TRUE COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOAR FOR CONDUCTING QUARRYING OPERATIONS VALID TILL 30.06.2023.

EXHIBIT P1(B) TRUE COPY OF THE D & O LICENSE FOR THE PERIOD 2021-23 ISSUED BY THE KOOTIKKAL PANCHAYAT.

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 08.08.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 04.09.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 15.01.2020 BEARING NO.,DCKTM/4400/2019-DM1 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE ORDER DTED 23.11.2021 BEARING NO.DCKTM/2763/2021-DM1 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 03.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.