M/S. J&S Granite Company vs State Of Kerala
2024 Latest Caselaw 16850 Ker

Kerala High Court

M/S. J&S Granite Company vs State Of Kerala on 12 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                        WP(C) NO. 21012 OF 2024
PETITIONER:

          M/S. J&S GRANITE COMPANY
          MUPRAMON, V. KOTTAYAM, PATHANAMTHITTA REPRESENTED BY
          ITS MANAGING PARTNER, SRI. K. SADANANDAN,
          PIN - 689656
          BY ADVS.
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          LEO LUKOSE
          KAROL MATHEWS SEBASTIAN ALENCHERRY
          DERICK MATHAI SAJI
          KARAN SCARIA ABRAHAM
          DAVID VARGHESE THOMAS


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     JOINT SECRETARY
          DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    3     THE DIRECTOR OF MINING & GEOLOGY,
          DIRECTORATE OF MINING & GEOLOGY, PATTOM P.O,
          THIRUVANANTHAPURAM, PIN - 695004

          BY ADV.AJITH VISWANATHAN (GOVERNMENT PLEADER)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 21012 of 2024
                               ..2..



                     J U D G M E N T

Dated this the 12th day of June, 2024

Petitioner is aggrieved by the cancellation of a

quarrying permit by the 3rd respondent vide Ext.P1

order. The petitioner preferred Ext.P2 appeal

before the 2nd respondent. The short grievance of

the petitioner is that neither the appeal, nor

the stay petition filed along with the same, has

not been considered by the 2nd respondent.

2. Having heard the learned counsel for the

petitioner, as also, the learned Government

Pleader on behalf of the respondents, this Court

directs the 2nd respondent to consider and pass

orders in Ext.P2 appeal within a period of three

months from the date of production of a copy of

this judgment. There will be a further direction

to consider and pass orders in the stay petition,

filed along with the appeal, within a period of

..3..

two weeks from the date of production of a copy of

this judgment. While considering Ext.P2 appeal, as

also, the stay petition, the 2nd respondent will

bear in mind the fact that, item nos.1 to 6, which

is described in the table in paragraph no.6 of

Ext.P2 appeal are lands over which there is no

perceivable dispute. The dispute is only with

respect to assigned land, covered by serial nos.7

to 10 in that table. If for any reason the

appellate authority finds that the permit in

respect of assigned land vide serial nos.7 to 10

are not liable to be granted, the authority will

consider grant of quarrying license in respect of

item nos. 1 to 6.

The Writ Petition (Civil) is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE TR

..4..

APPENDIX OF WP(C) 21012/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 03.01.2024 BEARING NO. 629/2023- 24/DMG/8843/2021-M3 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE MEMORANDUM OF APPEAL WITHOUT THE EXHIBITS THEREIN, ALONG WITH THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED. 25.05.2024 .