Viswasamudra Engineering Pvt. ... vs State Of Kerala
2023 Latest Caselaw 1654 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                        WP(C) NO. 2718 OF 2023
PETITIONER:

            VISWASAMUDRA ENGINEERING PVT. LTD
            RAHEAAN BUILDING, HAMEED KUNJU NAGAR, PADA NORTH,
            KARUNAGAPALLY, KOLLAM - 690518 REPRESENTED BY ITS
            DIRECTOR, SURENDRA HOMBAIAH, FLAT NO.501,
            CRK CLASSIC, PUTTAVEEDHI, BALAJI NAGAR, NELLORE,
            ANDHRA PRADESH, PIN - 524002
            BY ADVS.
            V.JAYA RAGI
            R.HARIKRISHNAN (KAMBISSERIL)
            NEERAJ NARAYAN


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT,
            GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695001
    2       THE DIRECTOR
            DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
            PATTOM PALACE P.O, THIRUVANANTHAPURAM , PIN - 695004
    3       THE GEOLOGIST
            DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
            PERINGANAD, PATHANAMTHITTA, KERALA, PIN - 691523
    4       THE PROJECT DIRECTOR
            NATIONAL HIGH WAY AUTHORITY OF INDIA, PROJECT
            IMPLEMENTATION UNIT, AMBLY ARCADE, T.C. 86/1036-1,
            S.N.N.R.A-9, PETTAH (PO), ' THIRUVANANTHAPURAM,
            KERALA, PIN - 695024
    5       THE KERALA ROAD FUND BOARD
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICE, T.C NO.
            4/1654, MAYOORAM, BELHAVEN ROAD NO.7, BELHAVEN ROAD
            POST, BELHAVEN GARDENS, KOWDIAR, THIRUVANANTHAPURAM,
 WP(C) NO. 2718 OF 2023

                                    2

               PIN - 695003
    6          VILLAGE OFFICER
               VILLAGE OFFICE PERINGANAD, KAYAMKULAM -
               PUNALUR RD, PERINGANAD, KERALA, PIN - 691523


               BY ADV.
               SMT.PARVATHY K-GP



        THIS    WRIT     PETITION   (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   27.01.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 2718 OF 2023

                                       3

                              JUDGMENT

Dated this the 27th day of January, 2023

This writ petition is filed seeking the following

reliefs:-

i. Issue a writ of mandamus or any other appropriate writ, direction or order commanding respondent No. 3 to take up Ext. P2 application preferred by the petitioner and issue quarrying permit to the petitioner within a time frame stipulated by this Hon'ble Court.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to consider Ext. P2 application preferred by the petitioner and pass orders therein within in a stipulated time frame fixed by this Hon'ble Court.

iii. Pass any such further orders which this Hon'ble Court may consider appropriate in the interest of justice and necessary for ventilating the grievance of the petitioner.

2. Heard the learned counsel appearing for the

petitioner, the learned Government Pleader appearing

for respondents 1 to 3, the learned Standing counsel WP(C) NO. 2718 OF 2023

appearing for the 5th respondent as well as the learned

counsel appearing for the 4th respondent.

3. The learned counsel appearing for the

petitioner submits that, Ext.P2 application for

quarrying permit has been submitted by the petitioner

and that Ext.P3 challan would show that it was

received on 25.08.2022.

In the above view of the matter, there will be a

direction to the 3rd respondent to take up Ext.P2

application, make necessary enquiries, obtain all due

reports and pass orders on the application at any rate,

at the earliest, within a period of three weeks from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE DM WP(C) NO. 2718 OF 2023

APPENDIX OF WP(C) 2718/2023

PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO. 1495 OF 2022 DATED 13.07.2022 REGISTERED AT PANDALAM SUB REGISTRY EXHIBIT P2 A TRUE COPY OF THE FORM A APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE GEOLOGIST, PATHANAMTHITTA SEEKING QUARRYING PERMIT FOR QUARRYING ORDINARY EARTH EXHIBIT P3 THE TRUE COPY OF THE CHALLAN RECEIPT BEARING NO. 223715990326 DATED 25.08.2022 RESPONDENTS' EXHIBITS: NIL

//TRUE COPY// PA TO JUDGE