Green Stone Rock Products Pvt Ltd vs The District Collector, Kasargod
2022 Latest Caselaw 7707 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                         WP(C) NO. 20073 OF 2022
PETITIONER

             GREEN STONE ROCK PRODUCTS PVT LTD
             REP. BY ITS DIRECTOR BINIL.K.JOHN, TC/22/326/23 & 24,
             GROUND FLOOR, TOWER, GURUVAYUR ROAD, THRISSUR-680 001.
             BY ADVS.
             BABY KURIAKOSE
             M.V.ASHIM


RESPONDENTS:

     1       THE DISTRICT COLLECTOR, KASARGOD
              CIVIL STATION, KASARAGOD - 671 123.
     2       DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
             KENDRIYA BHAVAN, BLOCK C-2, 3RD FLOOR CSEZ P.O,
             KAKKANAD, ERNAKULAM- 682 037.
     3       SUB COLLECTOR
             KASARAGOD, KANHANGAD - 671 123.
     4       TAHASILDAR,
             VELLARIKKUNDU TALUK, KASARAGOD DISTRICT
     5       BALAL GRAMA PANCHAYATH
             REP. BY ITS SECRETARY BALAL P.O, KASARAGOD DISTRICT,
             PIN- 671 533.
     6       DISTRICT POLICE CHIEF,
             KASARAGOD - 671 123.
     7       DIVISIONAL FOREST OFFICER,
             KASARAGOD DIVISION, VANASREE COMPLEX, UDAYAGIRI,
             VIDYANAGAR, KASARAGOD - 671 123.

             SRI. SAJAN T.P (SPL.GP)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20073 OF 2022
                                     2


                           JUDGMENT

Dated this the 28th day of June, 2022

The petitioner, a Private Limited Company engaged in the

business of manufacturing of rock products, has approached

this Court seeking to direct the 1st respondent to issue No

Objection Certificate (NOC) to the petitioner.

2. The petitioner states that the Company submitted an

application for explosive licence to store magazine for quarrying

operation in the property comprised in Survey No.146/4A5 of

Balal Village, Vellarikkundu Taluk in Kasaragod District. Ext.P3

is the application. The application was submitted during

November, 2014. According to the petitioner, the

5th respondent-Grama Panchayat submitted a report

recommending issuance of NOC in favour of the petitioner. The

District Police Chief also noted that there is nothing adverse

against the petitioner for possessing the use of explosives. The

7th respondent-Divisional Forest Officer certified that the land is WP(C) NO.20073 OF 2022

not a forest land. Inspite of all these positive recommendations,

the petitioner has not been issued NOC so far. It is in such

circumstances that the petitioner has approached this Court.

3. The Special Government Pleader (Forests) entered

appearance on behalf of the 7th respondent and contested the

writ petition. The Special Government Pleader (Forests) denied

all the allegations made by the petitioner in the writ petition.

However, it is submitted that since Ext.P3 application is of a

statutory nature, the same can be considered in accordance

with law, within a reasonable time, after obtaining necessary

reports from various authorities.

4. I have heard the learned counsel for the petitioner

and the learned Special Government Pleader (Forests)

representing the 7th respondent.

5. From the pleadings in the writ petition, it is evident

that the Grama Panchayat authorities, District Police Chief and

Divisional Forest Officer have given positive reports towards

issuance of NOC to the petitioner. In the circumstances, this WP(C) NO.20073 OF 2022

Court is of the view that the 1st respondent shall consider and

pass orders on Ext.P3, within a reasonable time. It is to be

noted that Ext.P3 application is stated to have been submitted

as early in the month of November, 2014.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 1st respondent to consider

Ext.P3 application submitted by the petitioner and pass

appropriate orders thereon, within a period of six weeks, after

giving an opportunity of hearing to the petitioner.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.20073 OF 2022

APPENDIX OF WP(C) 20073/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE MINUTES EXTRACT OF PETITIONER COMPANY BOARD OF DIRECTORS' MEETING HELD ON 3/11/2014.

Exhibit P3 TRUE TRUE COPY OF THE APPLICATION SUBMITTED DURING NOVEMBER 2014 BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPORT DATED 18/3/2015 SUBMITTED BY THE 5TH RESPONDENT BEFORE 1STRESPONDENT.

Exhibit P5 TRUE COPY OF THE REPORT DATED 24/4/2015 SUBMITTED BY THE 6TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 7/11/18 ISSUED BY THE 7TH RESPONDENT . Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 2/06/2018 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER OF REVENUE OF STATE OF KERALA.

Exhibit P8 TRUE COPY OF THE APPROVAL FOR CONSTRUCTION OF MAGAZINE DATED 20/7/2020.