Ashraf K vs The State Of Kerala
2022 Latest Caselaw 7783 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. 19539 OF 2022
PETITIONER

               ASHRAF K,
               AGED 46 YEARS
               S/O. ABDURAHIMAN, KALATHINGAL HOUSE, PERUMANNA
               POST, KOZHIKODE - 673019, PIN - 673019
               BY ADVS.
               K.M.FIROZ
               M.SHAJNA


RESPONDENTS

    1          THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY,
               DEPARTMENT OF INDUSTRIES AND COMMERCE,
               SECRETARIAT, THIRUVANANTHAPURAM.
               , PIN - 695001
    2          THE GEOLOGIST, KOZHIKODE
               DISTRICT OFFICE, DEPARTMENT OF MINING AND
               GEOLOGY,
               KOZHIKODE
               , PIN - 673001
               BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

               SMT. SURYA BINOY, SR. GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   28.06.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19539 of 2022        :2:




                           JUDGMENT

Dated this the 28th day of June, 2022

The petitioner is before this Court aggrieved by non

consideration of Ext.P5 application submitted by the

petitioner on 13.09.2021, seeking grant of Quarrying Permit.

The petitioner seeks to direct the 2 nd respondent to

expeditiously consider and pass orders on Ext.P5.

2. The learned Government Pleader, on instructions,

submitted that after the application was submitted by the

petitioner, complaints were received from certain quarters

against establishment of Quarry in the proposed area. The

District Geologist heard those objections and the matter is

now pending consideration for finalisation. The 2 nd

respondent-Geologist will be able to take a final decision in

the matter soon.

3. In view of the statements made as above and taking

into consideration that Ext.P5 is a statutory application

preferred by the petitioner, this Court is of the view that the

writ petition can be disposed of directing the 2 nd respondent

to take a final decision on Ext.P5 application submitted by

the petitioner within a period of one month.

The writ petition is therefore disposed of directing the

2nd respondent to take a final decision on Ext.P5 application

submitted by the petitioner within a period of one month.

Sd/-

N. NAGARESH, JUDGE smm/ 28.06.2022

APPENDIX OF WP(C) 19539/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CONSENT DATED 26.08.2021 ISSUED BY SRI. SATHYAN IN FAVOUR OF PETITIONER Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE NO. 1856/2021 DATED 26.07.2021 ISSUED BY VILLAGE OFFICER, ULLYERI.

Exhibit P3 TRUE COPY OF NON-ASSIGNMENT CERTIFICATE NO. 1304/2021 DATED 02.09.2021 ISSUED BY VILLAGE OFFICER, ULLYERI Exhibit P4 TRUE COPY OF DEMARCATION CERTIFICATE NO. 1304/2021 DATED 02.09.2021 ISSUED BY VILLAGE OFFICER, ULLYERI Exhibit P5 TRUE COPY OF APPLICATION FOR QUARRYING PERMIT DATED 13.09.2021 PREFERRED BY PETITIONER BEFORE THE GEOLOGIST, KOZHIKODE Exhibit P6 TRUE COPY OF TREASURY CHALLAN DATED 13.09.2021 ISSUED TO PETITIONER FROM DISTRICT TREASURY , KOZHIKODE Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 11-

3-2022 IN WP(C) NO 8187 OF 2022 PASSED BY THE HON'BLE HIGH COURT OF KERALA