Hamsa U. K vs The Director
2023 Latest Caselaw 983 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                    WP(C) NO. 38359 OF 2022
PETITIONER:

         HAMSA U.K .,
         AGED 40 YEARS
         S/O. KOYA,
         OORAKKOTTIL HOUSE,
         UKPADY, VELLILA P.O.,
         MANKADA,
         MALAPPURAM DISTRICT - 679 324.

         BY ADV SAJEEV KUMAR K.GOPAL


RESPONDENTS:

    1    THE DIRECTOR,
         MINING AND GEOLOGY,
         KESAVADASAPURAM,
         PATTOM PALACE P.O,
         THIRUVANANTHAPURAM - 695 004.
    2    THE GEOLOGIST,
         MINI CIVIL STATION,
         NEAR DISTRICT COURT VELLARANGAL,
         MANJERI, MALAPPURAM - 676 517.

         SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 17.01.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.38359 of 2022
                                :2 :




                         JUDGMENT

Dated this the 17th day of January, 2023

The petitioner submitted Ext.P7 application for

grant of quarrying lease under Rule 27 of the Kerala Minor

Mineral Concession Rules, 2015. The petitioner has remitted

the required fees also.

2. The petitioner would submit that Ext.P7 application

was accompanied by all requisite documents as specified in

the Rules. As per Rule 33 of the Kerala Minor Mineral

Concession Rules, the respondents are bound to conduct site

inspection and demarcate the area for quarrying lease and

issue necessary communication to the petitioner.

3. Ext.P7 application was submitted on 05.01.2022,

More than one year has lapsed, the petitioner has not

received any communication thereafter. In the circumstances,

the petitioner is before this Court seeking to direct

respondents 1 and 2 to consider Ext.P7 application for grant WP(C) No.38359 of 2022

of quarrying lease by conducting necessary site inspection

and pass orders on the application submitted by the petitioner.

4. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

Government Pleader controverted all the material allegations

made by the petitioner in the writ petition. As the petitioner

has submitted Ext.P7 application, the same will be considered

and a decision will be taken after making site inspection, in

accordance with law, in due course of time, contends the

Government Pleader.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. Ext.P7 is an application submitted by the petitioner

for grant of quarrying lease under Rule 27 of the Kerala Minor

Mineral Concession Rules, 2015. The application being of a

statutory nature, the competent authorities are bound to

consider the same and pass appropriate orders thereon within

a reasonable time.

WP(C) No.38359 of 2022

In the facts as stated above, the writ petition is disposed

of directing the 2nd respondent-Geologist to conduct a site

inspection and give necessary reports to the 1 st respondent-

Director within a period of one month. The 1 st respondent-

Director shall take a decision on Ext.P7 application submitted

by the petitioner within a further period of one month.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.38359 of 2022

APPENDIX OF WP(C) 38359/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CONSENT LETTER DATED 09.02.2021 ISSUED BY SRI.ALAVI.

EXHIBIT P2 TRUE COPY OF THE CONSENT LETTER DATED 09.02.2021 ISSUED BY SRI.ABDUL BASHEER. EXHIBIT P3 TRUE COPY OF THE DEMARCATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MANKADA DATED 04.09.2020 VIDE NO. 127/20.

EXHIBIT P4               TRUE    COPY    OF     THE    DEMARCATION
                         CERTIFICATE   VIDE    NO.126/2020   DATED
                         04.09.2020   ISSUED    BY   THE   VILLAGE
                         OFFICER, MANKADA .
EXHIBIT P5               TRUE   COPY    OF   THE    NON-ASSIGNMENT
                         CERTIFICATE   ISSUED    BY  THE   VILLAGE

OFFICER, MANKADA VIDE NO.127/20 DATED 04.09.2020.

EXHIBIT P6 TRUE COPY OF THE NON-ASSIGNMENT CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MANKADA VIDE NO. 126/20 DATED 04.09.2020.

EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR QUARRYING LEASE IN FORM B SUBMITTED BY THE PETITIONER DATED 05.01.2022.

EXHIBIT P8 TRUE COPY OF THE CHALAN RECEIPT REGARDING THE PAYMENT OF RS.10,000/- DATED 05.01.2022.