M/S. Aiswarya Granites vs The Director Of Mining And Geology
2023 Latest Caselaw 8851 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                     WP(C) NO. 22658 OF 2023
PETITIONER:

          M/S. AISWARYA GRANITES
          ELAVINMOODU, ARKKANNOOR P.O,
          AYUR, KOLLAM PIN - 691331
          REPRESENTED BY ITS MANAGING PARTNER,
          SRI. A.M. CHACKOCHEN.

          BY ADVS.
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          LEO LUKOSE
          KAROL MATHEWS SEBASTIAN ALENCHERRY
          DERICK MATHAI SAJI


RESPONDENTS:

    1     THE DIRECTOR OF MINING AND GEOLOGY
          DIRECTORATE OF MINING AND GEOLOGY,
          KESAVADASAPURAM, PATTOM PALACE P.O.,
          THIRUVANANTHAPURAM, PIN - 695004.

    2     THE GEOLOGIST
          DISTRICT OFFICE,
          DEPARTMENT OF MINING AND GEOLOGY,
          ASRAMAM, KOLLAM, PIN - 691008.

          BY ADV.K M RESHMI, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.22658 of 2023

                                    2




                            JUDGMENT

Dated this the 14th day of August, 2023

The petitioner approached this Court seeking to direct the 2nd

respondent to issue Quarrying Permit in favour of the petitioner

on the basis of statutory licences produced in furtherance to

Ext.P1 Letter Of Intent as expeditiously as possible.

2. The petitioner contends that the Quarrying Permit is not

being issued to the petitioner on the ground that W.P.(C) No.

27547 of 2022 is pending consideration before this Court. It is now

informed that on 14.08.2023, the said writ petition has been

withdrawn by the petitioner therein.

3. If that be so, the 2nd respondent can now consider and

process the application for Quarrying Permit submitted by the

petitioner.

W.P.(C) No.22658 of 2023

The writ petition is therefore disposed of directing the 2 nd

respondent-Geologist to process the Quarrying Permit application

of the petitioner and take appropriate decision thereon in

accordance with law within a period of one month.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.22658 of 2023

APPENDIX OF WP(C) 22658/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER OF INTENT DTD.

02.09.2019 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE NOC DATED 01.08.2018 ISSUED BY THE DISTRICT COLLECTOR, KOLLAM. Exhibit P3 TRUE COPY OF THE CONSENT TO OPERATE DTD.

16.02.2023 ISSUED BY THE POLLUTION CONTROL BOARD.

Exhibit P3(a) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 24.01.2023 ISSUED BY THE SEIAA.

Exhibit P3(b) TRUE COPY OF THE TRADE LICENSE ISSUED BY THE ELAMADU PANCHAYAT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 10.07.2023 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 18.03.2022 ISSUED BY THE DISTRICT COLLECTOR, KOLLAM.