Kerala High Court
Baby Joseph vs The Senior Geologist on 20 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WP(C) NO. 6662 OF 2014
PETITIONER:
BABY JOSEPH
AGED 50 YEARS
S/O.JOSEPH, PATHALIL HOUSE, VATTAKATHARA, CHENAPPADY.
BY ADV SRI.LIJI.J.VADAKEDOM
RESPONDENTS:
1 THE SENIOR GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, KOTTAYAM.
2 C.K. LALIMON
CHANNIANKAL HOUSE, VATTAKATHARA,
CHENAPPADY P.O.
OTHER PRESENT:
SRI BS SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.6662/2014
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P(C) No. 6662 of 2014
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Dated this the 20th February, 2024
J U D G M E N T
The above writ petition is filed with the following reliefs.
"(i) To call for the records leading to the passing of
Exhibits P11 and to quash the same to the extent it
stayed the conducting of the quarry which is permitted
under Exhibit P1 quarrying permit.
(ii) Issue a writ of mandamus or any other writ, order or
direction, directing the 1st respondent to consider and
pass orders on Exhibit P12 objection within a stipulated
time limit with notice to the petitioner.
(iii) grant such other reliefs which this Honourable Court
may deem fit and proper in the interest of justice."
2. When this matter is came up for consideration on 07.03.2014,
this Court passed the following order:
"Admit. Issue urgent notice returnable in ten days
to the respondents.
There will be an interim order as prayed for. This
order shall not however stand in the way of the District
Geologist from considering the complaint filed by the 2 nd
respondent and passing final orders thereon in
accordance with law after affording the petitioner and
the 2nd respondent an opportunity of being heard and
after inspecting the premises where quarrying operations
are being conducted."
In the light of the above order, no further order is necessary.
Moreover, the license obtained by the petitioner is already over as
evident from Exts.P2 and P3. If there is any surviving grievance, the
petitioner is free to approach the appropriate authority, in accordance
with law.
Writ petition would stand closed.
Sd/-
P.V.KUNHIKRISHNAN, Judge
jma
APPENDIX OF WP(C) 6662/2014
PETITIONER EXHIBITS
EXHIBIT P1 : THE COPY OF THE QUARRYING PERMIT DATED 05.12.2013
ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE
PETITIONER
EXHIBIT P2 : THE COPY OF THE CONSENT TO OPERATE THE QUARRY ISSUED
BY THE POLLUTION CONTROL BOARD WHICH IS VALID UPTO
30.06.2015
EXHIBIT P3 : THE COPY OF THE LICENCE TO KEEPT THE EXPLOSIVES IN
FORM LE-3 DATED 18.06.2012 WHICH IS VALID UP TO
31.03.2014
EXHIBIT P4 : THE COPY OF THE PANCHAYAT LICENSE ISSUED BY THE
ERMUELY GRAMA PANCHAYAT DATED 13.12.2013 WHICH IS
VALID UP TO 31.03.2014
EXHIBIT P5 : THE COPY OF THE QUARRYING PERMIT ISSUED BY THE
GEOLOGIST, KOTTAYAM TO THE PETITIONER ON 19.05.2008
EXHIBIT P6 : THE COPY OF THE QUARRYING PERMIT ISSUED BY THE
GEOLOGIST, KOTTAYAM TO THE PETITIONER ON 09.09.2009
EXHIBIT P7 : THE COPY OF THE QUARRYING PERMIT ISSUED BY THE
GEOLOGIST, KOTTAYAM TO THE PETITIONER ON 22.09.2010
EXHIBIT P8 : THE COPY OF THE QUARRYING PERMIT ISSUED BY THE
GEOLOGIST, KOTTAYAM TO THE PETITIONER ON 26.03.2012
WHICH IS VALID UPTO 26.03.2013
EXHIBIT P9 : THE COPY OF THE O.S.NO.334/2012 BEFORE THE MUNSIFFS
COURT, KANJIRAPPALLY
EXHIBIT P10 : THE COPY OF THE JUDGMENT DATED 10.09.2013 DISMISSING
O.S.334/2012 BEFORE THE MUNSIFF COURT, KANJIRAPPALLY
EXHIBIT P11 : THE COPY OF THE LETTER 22.02.2014 ISSUED BY THE 1ST
RESPONDENT STAYING THE OPERATION OF QUARRY
EXHIBIT P12 : THE COPY OF THE REPLY DATED 28.02.2014 SUBMITTED BY
THE PETITIONER
