Kerala High Court
M/S G.M.Granites vs The State Of Kerala on 11 March, 2022
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. 8134 OF 2022
PETITIONER:
M/S G.M.GRANITES,
PARAKKAL HOUSE, MANJAPRA P.O, ERNAKULAM
REPRESENTED BY ITS MANAGING PARTNER, MR.GEORGE JOSEPH,
S/O.JOSEPH AGED 59 YEARS
PIN - 683574
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
S.SREEKUMAR (SR.)
AJAY BEN JOSE
MANJUNATH MENON
R.GITHESH
SACHIN JACOB AMBAT
ANNA LINDA V.J
HARIKRISHNAN S.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
CIVIL STATION, ERNAKULAM , PIN - 682030
3 THE TAHSILDAR,
ALUVA TALUK,
ALUVA,
PIN - 683101
VINITHA B-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. 8134 OF 2022
2
JUDGMENT
The learned senior counsel appearing for the petitioner
submits that Ext.P7 proceedings issued by the Geologist have
been stayed by the Government in appeal. This matter has also
been duly intimated to the Geologist, Ernakulam, by Ext.P10
proceedings dated 05.03.2022. It is submitted that Ext.P11
proceedings had been issued by the Tahsildar, Aluva. The
petitioner has preferred Ext.P12 before the Tahsildar pointing
out the fact that Ext.P7 stands stayed and that the petitioner
would, therefore, be entitled to carryout the quarrying
operations.
Having considered the contentions advanced, I notice that
Ext.P11 communication is dated 16.02.2022 and the
communication with regard to the stay is on 05.03.2022. There
will, accordingly, be a direction to the 3rd respondent to consider
Ext.P12, in the light of Ext.P10 communication issued and to
vacate Ext.P11 order, if the facts are borne out. Appropriate
WP(C) NO. 8134 OF 2022
steps shall be taken by the Tahsildar within a week from today.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C) NO. 8134 OF 2022
APPENDIX OF WP(C) 8134/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE
VALID TILL 03-05-2029
Exhibit P2 TRUE COPY OF RELEVANT PAGES OF ENVIRONMENTAL
CLEARANCE VALID UPTO 28-11-2022
Exhibit P3 TRUE COPY OF LICENSE ISSUED BY THE AYYAMPUZHA
GRAMA PANCHAYAT
Exhibit P4 TRUE COPY OF MOVEMENT PERMIT ISSUED BY THE
DEPARTMENT OF MINING AND GEOLOGY
Exhibit P5 TRUE COPY OF INTERIM ORDER DATED 02-09-2021 IN
W.P.(C).NO.17726 OF 2021
Exhibit P6 TRUE COPY OF COMMON ORDER DATED 16-12-2021 IN
W.P.(C).NO.15642 OF 2020 AND W.P.(C).NO.17726 OF
2021 OF THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF NOTICE DATED 17-02-2022 BY THE
GEOLOGIST, ERNAKULAM.
Exhibit P8 TRUE COPY OF REPLY DATED NIL TO EXHIBIT.P7 NOTICE
OF GEOLOGIST, ERNAKULAM, PREFERRED BY THE
PETITIONER
Exhibit P9 TRUE COPY OF APPEAL PREFERRED BY THE PETITIONER
BEFORE THE JOINT SECRETARY TO INDUSTRIES
DEPARTMENT ALONG WITH THE STAY PETITION
Exhibit P10 TRUE COPY OF COMMUNICATION DATED 05-03-2022
ISSUED TO THE GEOLOGIST, ERNAKULAM
Exhibit P11 TRUE COPY OF LETTER DATED 16-02-2022 ISSUED BY
THE 3RD RESPONDENT TO THE PETITIONER, INFORMING
THAT THE QUARRYING OPERATIONS IN THE PROPERTIES
OF THE PETITIONER SHOULD BE STOPPED UNTIL FURTHER
ORDERS
Exhibit P12 TRUE COPY OF REPLY DATED 09-03-2022 PREFERRED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
