M/S. Tmt Granites Pvt. Ltd vs State Of Kerala
2022 Latest Caselaw 2876 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                        WP(C) NO. 6021 OF 2022
PETITIONER:

          M/S. TMT GRANITES PVT. LTD.
          MANGALAM DAM P.O,
          PALAKKAD.
          REPRESENTED BY ITS MANAGING DIRECTOR
          SRI. TOM GEORGE.

          BY ADVS.
          LEO LUKOSE
          ENOCH DAVID SIMON JOEL
          RONY JOSE
          S.SREEDEV
          SUZANNE KURIAN
          CIMIL CHERIAN KOTTALIL



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF INDUSTRIES,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM -695 001.

    2     THE DIRECTOR OF MINING AND GEOLOGY
          DIRECTORATE OF MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTOM PALACE P.O.,
          THIRUVANANTHAPURAM -695 004.

    3     THE DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY,
          DEPARTMENT OF MINING AND GEOLOGY,
          DISTRICT OFFICE, PALAKKAD- 678 014.

    4     SURESH BABU
          S/O. M.K. RAJAN,
          NIKUNJEN, VADAKKEKULAM,
          MANGALAM DAM P.O,
          PALAKKAD-678 706
 WP(C) NO. 6021 OF 2022
                                  2



    5     K. PONNAN
          S/O. KELI,
          RUKMINI NIVAS, PANNIKULAMBU,
          MANGALAM DAM P.O,
          PALAKKAD-678 706.

    6     K.D. BABY
          KOLENCHERY HOUSE,
          SREEMOOLANAGARAM P.O,
          ERNAKULAM-678 014.

          BY ADVS.
          K.C.VINCENT
          ALEXANDER K.C.


          SRI. B.S. SYAMANTHAK, GP.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6021 OF 2022
                                        3




                                 T.R.RAVI, J.
                       ----------------------------------------
                        WP(C) NO.6021 OF 2022
                     -------------------------------------------
                Dated this the 16th day of March, 2022

                             JUDGMENT

The counsel for the petitioner submits that the petitioner

has already moved the appellate authority and hence the writ

petition can be closed without prejudice to the contentions in

the appeal.

The writ petition is hence closed without prejudice to the

contentions of the petitioner in the appeal.

Sd/-

T.R.RAVI

JUDGE

sn WP(C) NO. 6021 OF 2022

APPENDIX OF WP(C) 6021/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 18.05.2017 VALID TILL 17.05.2029 ISSUED TO THE PETITIONER

Exhibit P1(a) TRUE COPY OF THE CONSENT TO OPERATE DATED 22.04.2021 VALID TILL 22.04.2022

Exhibit P1(b) TRUE COPY OF THE TRADE LICENSE DATED 26.04.2021 VALID TILL 31.03.2022.

Exhibit P1(c) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO. 49/2016 DTD. 23.04.2016 ISSUED BY THE SEIAA.

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 14.11.2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER DATED 10.01.2022 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE STOP MEMO DATED 14.02.2022 BEARING NO. DOP/1015/2015/A1 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 21.12.2021 IN WP(C) NO. 28541/2021 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE ORDER DATED 26.05.2020 IN I.A.

1/2020 IN WP(C) NO. 9766/2020 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 14.12.2020 IN WP(C) NO. 26441/2020 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF A DOCUMENT PRODUCED BY THE RESPONDENTS 4 AND 5 AS EXT.P9 IN WP(C) NO. 28541/2021.

RESPONDENT'S EXHIBITS         :          NIL

                          //TRUE COPY//               PA TO JUDGE