Ananthu Sunil vs The State Of Kerala
2022 Latest Caselaw 2704 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 6165 OF 2022
PETITIONER:

          ANANTHU SUNIL
          AGED 25 YEARS
          GALAXY HOME, GOVINDAMUTTOM P.O.,
          PUTHUPPALLY VILLAGE, KARTHIKAPPILLY TALUK,
          ALAPPUZHA DISTRICT. PIN 690 527, PIN - 690527
          BY ADVS.
          K.J.MOHAMMED ANZAR
          MUHAMMED ASHIQUE
          P.K.MINIMOLE
          G.MOTILAL
          JAYARAJ REJI
RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
          REVENUE DEPARTMENT, SECRETARIATE,
          THIRUVANANTHAPURAM -695 001., PIN - 695001
    2     THE DISTRICT COLLECTOR IDUKKI
          COLLECTORATE, KUYILIMALA, PAINAV P.O.,
          IDUKKI, PIN: 685 603, PIN - 685603
    3     THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT,
          DIRECTORATE OF MINING AND GEOLOGY
          KESAVADASAPURAM, PATTOM, PATTOM PALACE P.O,
          THIRUVANANTHAPURAM. PIN: 695 004, PIN - 695004
          SMT.PRINCY XAVIER, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6165 OF 2022

                                        2


                                 JUDGMENT

Dated this the 11th day of March, 2022

This writ petition is filed seeking the following prayers:

"(i) Call for the records leading to the issue of Ext.P7 order of the 2nd respondent District Collector, Idukki and to quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

(ii) Declare that the petitioner is entitled to get extension of time to produce EC in the light of Ext.P9 order of the 1 st respondent."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

Ext.P7 order had been passed on 28.01.2022 refusing to consider the

application submitted by the petitioner seeking extension of time for

producing the NOC. It is submitted by the learned counsel for the

petitioner that Ext.P9 general order has been issued on 08.02.2022

stating that where NOC is not being issued by the competent authorities

for the purpose of quarrying permit/quarrying lease and where the other

due permissions could not be obtained, the validity of the NOC shall

stand extended by one year. It is submitted that in the light of Ext.P9 WP(C) NO. 6165 OF 2022

general circular, Ext.P7 may not be relevant anymore and that it should

not stand in the way of a consideration of the petitioner's application

for permission for quarrying lease or permissions in accordance with

law.

4. Having considered the contentions advanced and having heard the

learned Government Pleader also, I am of the opinion that in view of

Ext.P9 general instructions issued by the Government, Ext.P7 order of

the 2nd respondent would not be applicable anymore to the facts of the

case. There will, accordingly, be a direction to the respondents to take

up the application submitted by the petitioner, taking specific note of

the extension of the validity of the NOCs, and to consider and pass

orders on the request for quarrying permits, in accordance with Ext.P9,

untrammeled by Ext.P7.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 6165 OF 2022

APPENDIX OF WP(C) 6165/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.

E9/549/2019 DATED 25.12.2019 ISSUED BY THE DISTRICT COLLECTOR, IDUKKI TO THE PETITIONER Exhibit P2 TRUE COPY OF THE LETTER NO. 2564/M3/2020 DATED 02.03.2021 ISSUED BY THE 4TH RESPONDENT DIRECTOR OF MINING & GEOLOGY TO THE PETITIONER Exhibit P3 TRUE COPY OF THE CERTIFICATE NO.

DOI/29/M/2020 ISSUED BY GEOLOGIST, IDUKKI Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE MEETING DETAILS OF THE EAC HELD BETWEEN 30.

11. 2021 TO 3.12.2021 Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 07.12.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DISTRICT COLLECTOR, IDUKKI. Exhibit P6 TRUE COPY OF THE ORDER DATED 20.12.2021 IN WPC NO: 29485/2021 OF THE HONOURABLE HIGH COURT OF KERALA Exhibit P7 TRUE COPY OF THE ORDER IN PROCEEDING NO.

DCI/DK/549/2019-E 9 DATED 28.01.2022 OF THE 2ND RESPONDENT DISTRICT COLLECTOR, IDUKKI. Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 11.06.2021 IN WPC NO.12096 /2021 OF THIS HONOURABLE COURT Exhibit P9 TURE COPY OF THE ORDER NO. REV-P2/15/2022-REV DATED 08.02.2022 OF THE FIRST RESPONDENT PRINCIPAL SECRETARY REVENUE RESPONDENTS' EXHIBITS: NIL