M/S. Secure Sands And Gravels ... vs The Geologist
2023 Latest Caselaw 5555 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                       WP(C) NO. 14419 OF 2023
PETITIONER:

               M/S. SECURE SANDS AND GRAVELS
               WARD NO.1, BUILDING NO.10/11B,
               OLAVATOOR P. O, KONDOTTY VIA.
               MALAPURAM DISTRICT, PIN - 673 638
               REPRESENTED BY ITS PARTNER,
               SRI. MOHAMMED FAROOK N.

               BY ADVS.
               PHILIP J.VETTICKATTU
               SAJITHA GEORGE
               NEENU BERNATH


RESPONDENTS:

    1          THE GEOLOGIST
               DISTRICT OFFICE OF MINING & GEOLOGY
               MINI CIVIL STATION, MANJERI,
               MALAPURAM, PIN - 676 121.
    2          THE DIRECTOR
               MINING AND GEOLOGY DIRECTORATE,
               KESAVADASAPURAM, PATTOM PALACE P. O,
               TRIVANDRUM, PIN - 695 004.

               SMT. PREETHA K.K - SR. GP



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   02.05.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.14419 OF 2023

                                      2

                                  JUDGMENT

The petitioner is a grantee of quarrying lease

with respect to an extent of 3.6300 Hectares in Sy.

No.32/2pt, 32/3, 40/1pt, 40/3, 41/1/2pt, 41/2pt,

41/3/2 & 41/4pt in Pulikkal Village, Kondotty Taluk,

Malappuram District, for a period of 10 years, ie.,

from 24.06.2022 to 23.06.2032.

2. The petitioner applied for movement permits

by making online application for the period 2023-

2024. The grievance of the petitioner is that the 1st

respondent has not so far updated the KOMPAS and

taken steps to issue movement permits to the

petitioner. It is submitted that the movement permits

already issued had expired on 31.03.2023 and the

petitioner's quarrying operations have come to stand

still. Accordingly, the petitioner has filed Ext.P12

representation before the 1st respondent requesting to

take necessary steps for updations in the KOMPAS WP(C).No.14419 OF 2023

and for issuance of movement permits. The

grievance of the petitioner is that the 1 st respondent

has not so far considered Ext.P12 or issued the

petitioner with any movement permits.

3. Heard the learned counsel for the petitioner

and the learned Government Pleader for the

respondents.

4. In the facts and circumstances of the case,

there will be a direction to the 1 st respondent to

consider and dispose of Ext.P12 representation with

notice to the petitioner and in accordance with law,

within a period of one month from the date of receipt

of a copy of this judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.14419 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE EXECUTED ON 24-06- 2022, VALID TILL 23-06-2032, BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY THE RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE ISSUED BY DEIAA, DATED 31-08-2017, VALID UPTO 30- 08-2022.

EXHIBIT P3 TRUE COPY OF THE S.O221(E) DATED 18/01/2021.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE LICENSE, BEARING NO. E/SE/KL/22/249(E99639), DATED 08-06- 2020, WHICH IS VALID TILL 31-03-2024. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE INTEGRATED CONSENT TO OPERATE RENEWED BY THE STATE POLLUTION CONTROL BOARD, BEARING NO.PCB/MLPM/ICO/R1/9387/2022 DATED 26-08-2022 VALID UPTO 30-08- 2027.

EXHIBIT P6 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY, PULIKKAL GRAMA PANCHAYAT, BEARING NO. 8/2021-2022/A- 6/1846/2022, DATED 01-04-2022, WHICH IS VALID UPTO 31-03-2027.

EXHIBIT P7 TRUE COPY OF S.O.NO.1807(E), DATED 12-4-2022.

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE REVISED MINING PLAN, WITH THE ENDORSEMENT "APPROVED" AND SHOWING THE MINEABLE RESERVES, DATED 25/04/2022.

EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT, IN WP(C) 29481/2022, DATED 16/09/2022. WP(C).No.14419 OF 2023

EXHIBIT P10 TRUE COPY OF MOVEMENT PERMIT, BEARING NO.MAL/QL/2022/5/MP-2/2023/73693 DATED 01/03/2023, VALID UPTO 31/03/2023.

EXHIBIT P11 TRUE COPY OF THE FLASH MESSAGE GENERATED ON THE OFFICIAL PORTAL OF THE 1 ST RESPONDENT, DATED NIL. EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 13-4-2023, COUNTER SIGNED BY THE RESPONDENT.

RESPONDENTS EXHIBITS: NIL.