M/S. St. Martin Granites vs The District Collector
2022 Latest Caselaw 8821 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 20196 OF 2022
PETITIONER

            M/S. ST. MARTIN GRANITES
            AGED 68 YEARS
            REPRESENTED BY ITS MANAGING PARTNER
            SRI. K.J. THOMASKUTTY,
            ALAKODE P.O.,
            THODUPUZHA, IDUKKI.
            , PIN - 685588
            BY ADVS.
            LEO LUKOSE
            ENOCH DAVID SIMON JOEL
            S.SREEDEV
            RONY JOSE
            CIMIL CHERIAN KOTTALIL
            SUZANNE KURIAN


RESPONDENT

            THE DISTRICT COLLECTOR
            COLLECTORATE,
            KUYILIMALA,
            IDUKKI PIN - 685603



            SRI.ASWIN SETHUMADHAVAN SR.GP


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   07.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.20196 of 2022           :2:




                          JUDGMENT

Dated this the 7th day of July, 2022

The petitioner is before this Court seeking to direct the

respondent to consider and pass orders on the application

for No Objection Certificate submitted by the petitioner for

mining in a Government land.

2. The petitioner states that Ext.P1 application was

submitted as early as on 18.07.2019. The inordinate delay in

passing orders on Ext.P1 is adversely affecting the petitioner.

The respondent is compellable to pass orders on Ext.P1

within a time frame. The petitioner submits that the

respondent had already caused enquiries through the

Tahsildar and the Tahsildar has given a report favourable to

the petitioner.

3. The Government Pleader entered appearance and

opposed the writ petition. The Government Pleader

controverted all material allegations made by the petitioner in

the writ petition. The Government Pleader, however,

submitted that if Ext.P1 is received and pending, the same

being an application of statutory nature, can be considered

by the competent authority and a decision can be taken

within a time frame.

In the circumstances, the writ petition is disposed of

directing the respondent to consider Ext.P1 application if it is

received, supported by all necessary documents and paying

the prescribed fee, if any, and to pass appropriate orders

thereon, within a period of six weeks, in accordance with law.

Sd/-

N. NAGARESH, JUDGE

smm/08.07.2022

APPENDIX OF WP(C) 20196/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 18.07.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT .

Exhibit P2 A TRUE COPY OF THE LETTER DATED 07.12.2020 BEARING NO: F6-14925/19 SUBMITTED BY THE TAHSILDHAR, THODUPUZHA TO THE RESPONDENT.