Kerala High Court
T.D.Ponraj vs State Of Kerala on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 8642 OF 2024
PETITIONER:
T.D.PONRAJ, AGED 58 YEARS
S/O,T.DORAIRAJ, AGED 58 YEARS, FLAT NO.408,
EAST 9TH STREET, NEAR RAJALSKSHMI KALYANA MAHAL,
K.K.NAGAR, MADURAI, TAMILNADU, PIN - 695020
BY ADVS.
SUMAN CHAKRAVARTHY
K.R.RIJA
BREJITHA UNNIKRISHNAN
SUDEESH K.E.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF MINING & GEOLOGY
KESAVADASAPURAM, PATTOM PALACE.P.O.,
THIRUVANANTHAPURAM, PIN - 695004
3 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING & GEOLOGY,
PATTOM PALACE.P.O.,
THIRUVANANTHAPURAM, PIN - 695004
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.8642 of 2024 2
VIJU ABRAHAM, J.
.................................................................
W.P (C) No.8642 of 2024
.................................................................
Dated this the 3rd day of April, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the
2nd respondent to grant quarrying lease to the petitioner based on
Ext.P4 approved mining plan for quarrying in 1.3065 hectares in
survey nos.118/20, 118/7, 118/8, 118/27, 118/27-1, 118/21 pt, 118/23
pt, 120/5 and 117/3 pt of Ottasekharamangalam Village, Kattakkada
Taluk.
2. It is averred that the petitioner has made an application before
the 2nd respondent for obtaining mining lease to extract granite
dimension stone from an area of 1.3065 hectares in survey
nos.118/20, 118/7, 118/8, 118/27, 118/27-1, 118/21 pt, 118/23 pt, 120/5
and 117/3 pt of Ottasekharamangalam Village, Kattakkada Taluk.
Petitioner submits that he has obtained all necessary sanctions in this
regard as is evident from Exts.P2 to P9 and P16 to P21. In spite of
producing all the documents the application submitted by the petitioner
for grant of quarrying lease is not being considered by the 2 nd
respondent.
3. When the matter came up for consideration on 20.03.2024 the
learned Government Pleader upon instructions from the Geologist
submitted that petitioner has been directed to produce the demarcation
sketch in respect of the mining area, which has not been made
available by the petitioner till date. Learned counsel for the petitioner
referring to Ext.P16 submits that demarcation sketch has been
produced which revealed that 1.3065 hectares of property has been
specifically demarcated by providing boundary stones. If Ext.P16 is not
sufficient to consider the application submitted by the petitioner 2 nd
respondent shall put to notice of the said fact to the petitioner and the
petitioner shall take steps to cure the same.
4. Heard the learned Government Pleader also.
5. Since it is specifically asserted by the learned counsel for the
petitioner that all necessary documents including Ext.P16 has been
submitted before the authorities, a final decision has to be taken by the
2nd respondent on the application submitted by the petitioner as early
as in 2017. Therefore, the writ petition could be disposed with a
direction to the 2nd respondent to finalise the proceedings on the
application submitted by the petitioner for issuance of a quarrying
lease.
After hearing both sides, I am inclined to dispose of the writ
petition with a direction to the 2nd respondent to finalise the
proceedings on the application submitted by the petitioner for grant of
quarrying lease at the earliest in accordance with law, at any rate,
within an outer limit of one month from the date of receipt of a copy of
the judgment, subject to production of all the documents necessary for
consideration of the same.
With the abovesaid direction the writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 8642/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE LETTER DATED
23.10.2017 FROM THE 2ND RESPONDENT
Exhibit-P2 A TRUE COPY OF THE ENVIRONMENT
CLEARANCE NO.20/2018 DATED 19.05.2018
Exhibit -P3 A TRUE COPY OF THE LICENSE ISSUED BY
THE OTTASEKHARAMANGALAM GRAMA
PANCHAYAT DATED 29.07.2019
Exhibit-P4 A TRUE COPY OF THE COMMUNICATION DATED
20.12.2017 FROM THE DISTRICT GEOLOGIST
APPROVING THE MINING PLAN
Exhibit-P5 A TRUE COPY OF THE LETTER DATED
31.03.2023 BY THE CHIEF WILD LIFE
WARDEN
Exhibit-P6 A TRUE COPY OF THE COMMUNICATION DATED
30.05.2023 BY THE WILD LIFE WARDEN,
WILD LIFE DIVISION,THIRUVANANTHAPURAM
Exhibit -P7 A TRUE COPY OF THE COMMUNICATION
LETTER DATED 19.07.23 PRODUCING THE
DOCUMENT WITH ACKNOWLEDGEMENT OF THE
2ND RESPONDENT
Exhibit-P8 A TRUE COPY OF THE INTERIM ORDER DATED
20.12.2023 IN W.P(C) NO.42212/2023
Exhibit -P9 A TRUE COPY OF THE CONSENT TO OPERATE
DATED 23.01.24 BY THE POLLUTION
CONTROL BOARD
Exhibit- P10 A TRUE COPY OF THE GRANT OF
PROSPECTING LICENSE NO.808/2015-
16/9521/M3/2015 DATED 14.03.2016
Exhibit -P11 A TRUE COPY OF THE MOVEMENT PERMIT
DATED 14.12.2016
Exhibit -P12 A TRUE COPY OF THE MOVEMENT PERMIT
DATED 06.02.2017
Exhibit -P13 A TRUE COPY OF THE MOVEMENT PERMIT
DATED 07.04.2017
Exhibit -P14 A TRUE COPY OF THE MOVEMENT PERMIT
DATED 12.05.2017
Exhibit- P15 A TRUE COPY OF THE COVERING LETTER
DATED 19.07.2023 ADDRESSED TO THE 2ND
RESPONDENT
Exhibit -P16 A TRUE COPY OF THE DEMARCATION
CERTIFICATE DATED 03.07.2023
Exhibit -P17 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 26.06.2023 ISSUED BY
THE VILLAGE OFFICER,
OTTASEKHARAMANGALAM
Exhibit- P18 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 03.07.2023 ISSUED BY
THE VILLAGE OFFICER,
OTTASEKHARAMANGALAM
Exhibit -P19 A TRUE COPY OF THE AFFIDAVIT DATED
30.06.2023
Exhibit- P20 A TRUE COPY OF THE GENERAL AFFIDAVIT
DATED 12.07.2023
Exhibit- P21 A TRUE COPY OF THE INCOME TAX TAX
RETURN ACKNOWLEDGMENT FOR THE
ASSESSMENT YEAR 2022-23
Exhibit -P22 A TRUE COPY OF THE ACKNOWLEDGMENT
ISSUED BY THE 2ND RESPONDENT FOR
RECEIPT OF THE DOCUMENTS EXTS P15 TO
P21 DATED 19.07.2023
Exhibit- P23 A TRUE COPY OF THE LETTER DATED
18.03.2024 ISSUED BY THE 2ND
RESPONDENT
