P. Omana vs State Of Kerala
2023 Latest Caselaw 9092 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         WP(C) NO. 27439 OF 2023
PETITIONER:

              P. OMANA
              AGED 54 YEARS, D/O. PURUSHOTHAMAN, SUKUMARA VILASAM,
              PONGANAD P.O, KILIMANOOR, THIRUVANANTHAPURAM, PIN 695 601
              BY ADVS.
              S.SREEDEV
              ENOCH DAVID SIMON JOEL
              RONY JOSE
              LEO LUKOSE
              KAROL MATHEWS SEBASTIAN ALENCHERRY
              DERICK MATHAI SAJI


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

     2        THE DIRECTOR OF MINING & GEOLOGY
              DIRECTORATE OF MINING & GEOLOGY, PATTOM P.O,
              THIRUVANATHAPURAM, PIN - 695004

     3        THE GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
              THIRUVANANTHAPURAM, PIN - 695004

              BY ADV
              SMT.DEEPA NARAYANAN - SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.27439 OF 2023

                                 2




                           JUDGMENT

Dated this the 23rd day of August, 2023

The petitioner in the writ petition is owner of a quarrying

lease. Petitioner rely on Ext.P2 Government Order for

extending the validity of period of quarrying permit and

quarrying lease for a period of one year.

2. In view of the notification referred to therein issued

by the Ministry of Environment, Forest and Climate Change

Government of India, petitioner submits that due to the Covid

pandemic, operation of the quarry has come to an end. The

petitioner is entitled to the benefit of Ext.P2 Government Order.

The request for extension is pending consideration before the

2nd respondent-Director of Mining and Geology.

3. In the light of the pendency of Ext.P3, and in view of

the Government Order cited above, if the petitioner is entitled

for extension of quarrying lease, the lease of the petitioner shall

be extended.

W.P.(C) No.27439 OF 2023

4. Accordingly, there will be a direction to the

2nd respondent to consider and pass appropriate orders on

Ext.P3 within a period of two months.

The writ petition is disposed of as above.

Sd/-

N.NAGARESH JUDGE ded W.P.(C) No.27439 OF 2023

APPENDIX OF WP(C) 27439/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED 19.12.2011 VALID TILL 18.12.2023 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 12.02.2021 BEARING NO. G.O (RT). NO. 203/2021/ID ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 05.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P3(A) TRUE COPY OF THE RECEIPT DTD.

07.08.2023 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 21.01.2022 IN W.P(C) NO: 2168/2022 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P4(A) TRUE COPY OF THE JUDGMENT DATED 16.07.2021 IN W.P(C) NO: 14213/2021 ON THE FILES OF THIS HON'BLE COURT.