Kerala High Court
S.K.Metal Crushers & Quarry Pvt. Ltd vs The Joint Secretary on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16324 OF 2024
PETITIONER:
S.K.METAL CRUSHERS & QUARRY PVT. LTD.
KOOVALASSERY P.O., THIRUVANANTHAPURAM REPRESENTED BY
ITS MANAGING DIRECTOR, MR. SUDARSANAN G., PIN - 695512.
BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
SAJU S. DOMINIC
RESPONDENTS:
1 THE JOINT SECRETARY,
INDUSTRIES (A) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT GEOLOGIST,
MINING & GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM, PATTOM
PALACE P.O., KESAVADASAPURAM, THIRUVANANTHAPURA,
PIN - 695004.
3 THE DIRECTOR,
MINING & GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004.
SMT.DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16324 OF 2024 2
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner is a grantee of quarry lease with respect to
an extent of 3.6994 Hectares of land comprised in various Survey
Numbers of Maranalloor Village, Kattakada Taluk,
Thiruvananthapuram District. The petitioner has also obtained
licences/clearance from the statutory authorities for conducting
quarrying operations.
2. While so, alleging excess excavation, the 2nd
respondent had initiated proceedings against the petitioner. The
order passed by the 2nd respondent was challenged by the
petitioner before the 1st respondent. Though the 1st respondent
heard the appeal, no orders have been passed. The quarrying
operation of the petitioner has been stopped since the year 2019.
The 2nd and 3rd respondents are not issuing movement permits on
the premise that the 1st respondent has not disposed of the
appeal so far.
3. Heard.
4. It is evident that Ext.P9 appeal is pending before the
1st respondent. Therefore, it is necessary that the competent
authority considers Ext.P9 in accordance with law, within a
reasonable time.
The writ petition is therefore disposed of directing the 1st
respondent to pass orders on Ext.P9 appeal submitted by the
petitioner within a period of two months in accordance with law.
Sd/-
N.NAGARESH
JUDGE
Sru
APPENDIX OF WP(C) 16324/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF QUARRY
LEASE DATED 25-9-2017, WHICH IS VALID UPTO
24-9-2029.
Exhibit P2 TRUE COPY OF THE STOP MEMO DATED 23-7-2019
ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 9-
10-2019.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE STYLED AS
ORDER DATED 21-1-2020.
Exhibit P5 TRUE COPY OF THE ORDER BEARING
NO.391/2022/ID, DATED 11-5-2022 ISSUED BY THE
JOINT SECRETARY, INDUSTRIAL
DEPARTMENT,TRIVANDRUM.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.25278/2022, DATED 24-8-2022.
Exhibit P7 TRUE COPY OF THE REPORT PREPARED BY THE
GEOLOGIST, WHICH IS OBTAINED UNDER THE
PROVISIONS OF THE RIGHT TO INFORMATION ACT,
2005, DATED 25-9-2023.
Exhibit P8 TRUE COPY OF THE ORDER PASSED BY THE
GEOLOGIST BEARING NO.455/2023-
24/DMG/8936/2021-M1, DATED 16-1-2024.
Exhibit P9 TRUE COPY OF THE APPEAL SUBMITTED BY THE
PETITIONER DATED 7-2-2024, SANS THE
DOCUMENTS.
Exhibit P10 TRUE COPY OF THE NOTICE CALLING FOR HEARING
DATED 21-3-2024.
