Kerala High Court
M/S. Oriental Rock Products Pvt. Ltd vs The Secretary on 20 June, 2024
WP(C) No.22114/2024 1/4 Order Date : 20-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
WP(C) NO. 22114 OF 2024
PETITIONER:
M/S. ORIENTAL ROCK PRODUCTS PVT. LTD, XII/243, OLD TREASURY
BUILDING, P.O. JUNCTION, MUVATTUPUZHA,ERNAKULAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR SAJEEV MATHEW, PIN - 688661
RESPONDENTS:
1. THE SECRETARY, NAGALASSERY GRAMAPANCHAYAT, KOOTANAD P.O, PALAKKAD
DISTRICT, PIN - 679533.
2. NAGALASSERY GRAMAPANCHAYAT, REPRESENTED BY ITS SECRETARY, KOOTANAD
P.O, PALAKKAD DISTRICT, PIN - 679533
3. THE TAHSILDAR, PATTAMBI TALUK, PATTAMBI, PALAKKAD, PIN - 679533.
4. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY,TOWN BUS
STAND COMPLEX, PALAKKAD, PIN - 679014
5. THE DIRECTOR, MINING & GEOLOGY DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P.O.,THIRUVANANTHAPURAM, PIN - 695004
6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695004
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P15, pending disposal of the above
Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC Advocates for
the petitioner, the court passed the following:
WP(C) No.22114/2024 2/4 Order Date : 20-06-2024
C.JAYACHANDRAN, J.
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W.P.(C) No.22114 of 2024
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Dated, this the 20th June, 2024
O R D E R
Having heard the learned counsel appearing for the
petitioner; learned Government Pleader on behalf of
the respondents 3 to 6 and also the learned
Standing Counsel for respondents 1 and 2 Panchayat,
this Court is of the opinion that Ext.P15
cancellation order is prima facie not sustainable.
The same is therefore stayed.
Parties to get instructions and file their counter.
Post on 12.07.2024.
Sd/-
C.JAYACHANDRAN, JUDGE
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WP(C) No.22114/2024 3/4 Order Date : 20-06-2024
APPENDIX OF WP(C) 22114/2024
Exhibit P1 TRUE COPY OF THE DOCUMENT BEARING NO.4837/2014, DATED
29-10-2014, SRO, THRITHALA
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 8-5-2024
ACKNOWLEDGING THE REMISSION OF LAND TAX IN RESPECT OF
THE SAID LAND
Exhibit P3 TRUE COPY OF THE CONSENT DATED 25-10-2017, ISSUED BY
SRI.GEORGE MATHEW,
Exhibit P4 TRUE COPY OF THE CONSENT DATED 25-10-2017, ISSUED BY
SRI.ALEX MATHEW
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF REGISTERED QUARRY
LEASE EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT
AUTHORITY DATED 20-7-2022
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL
CLEARANCE DATED 31/08/2018 ISSUED BY DEIAA
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 11873/2024 DATED 22/03/2024
Exhibit P8 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE RENEWAL
BEARING NO. KSPCB/PL/ICO/10041383/2023 DATED 02/01/2024
FOR A PERIOD UPTO 23/06/2027
Exhibit P9 TRUE COPY OF THE EXPLOSIVE LICENSE BEARING NO.
E/SC/KL/22/1230(E58114) DATED 24/05/2022, WHICH IS
VALID UPTO 31/03/2027
Exhibit P10 TRUE COPY OF THE LICENSE RENEWED BY THE SECRETARY TO
THIRUMITTAKKODE GRAMA PANCHAYAT DATED 01/04/2024 FOR A
PERIOD UPTO 31/03/2025
Exhibit P11 TRUE COPY OF THE LICENSE RENEWED BY THE SECRETARY TO
NAGALASSERYGRAMAPANCHAYAT DATED 13/03/2024 FOR A PERIOD
UPTO 27/10/2024
Exhibit P12 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE
COMPETENT AUTHORITY DATED 06/06/2024 FOR A PERIOD
UPTO05/07/2024
Exhibit P13 TRUE COPY OF THE NOTICE DATED 23/03/2024 ISSUED BY THE
1 ST RESPONDENT
Exhibit P14 TRUE COPY OF THE REPLY SANS THE DOCUMENTS FILED ALONG
WITH IT DATED 26/03/2024
Exhibit P15 TRUE COPY OF THE ORDER DATED 10/06/2024 BEARING
NO.SC4-1527/2024 ISSUED BY THE 1 ST RESPONDENT
Exhibit P16 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE DISTRICT
GEOLOGIST DATED 07/05/2024
Exhibit P17 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT DATED 20/05/2024 IN W.P.(C) NO. 17870/2024
Exhibit P18 TRUE COPY OF THE PROCEEDINGS DATED 24/05/2024 ISSUED BY
THE 4 TH RESPONDENTIS
Exhibit P19 TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE
HIGH COURT OF KERALA DATED 29/05/2024 IN W.P.(C) NO.
Exhibit P20 TRUE COPY OF THE INTERIM ORDER DATED 05/06/2024 IN
Exhibit P21 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN W.P.(C) NO. 5545/2021 DATED 10/05/2022
WP(C) No.22114/2024 4/4 Order Date : 20-06-2024
Exhibit P22 TRUE COPY OF THE COVERING LETTER DATED 15/10/2018 FILED
ALONG WITH THE APPLICATIONS SUBMITTED BY THE PETITIONER
FOR LICENSE FOR THE FIRST TIME, IN THE YEAR 2018
Exhibit P23 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND SHIVALAYA CONSTRUCTION CO. PVT LTD DATED
14/02/2023
Exhibit P24 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT
IN DISTRICT COLLECTOR V. SAJITHLAL (2023 KLT ONLINE
1225)
