Kerala High Court
K.K. Premkumar vs State Of Kerala on 6 March, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.7392/2024 1/4 Order Date : 06-03-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Wednesday, the 6th day of March 2024 / 16th Phalguna, 1945
IA.NO.1/2024 IN WP(C) NO. 7392 OF 2024
PETITIONER:
K.K. PREMKUMAR, AGED 62 YEARS, S/O. KUNHIRAMAN, KOLANTHARA HOUSE,
MELMURINGODI P.O, MANATHANA, KANNUR, PIN - 670673
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF
INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. THE DIRECTOR OF MINING & GEOLOGY, DIRECTORATE OF MINING & GEOLOGY,
PATTOM P.O, THIRUVANATHAPURAM, PIN - 695004
3. MALUR GRAMA PANCHAYAT, MALUR P.O., KANNUR, REPRESENTED BY ITS
SECRETARY,PIN - 670702
4. SECRETARY, MALUR GRAMA PANCHAYAT, MALUR P.O., KANNUR, PIN - 670702
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to accept the
additional document produced as Exts.P8, P9, P9(a), P9(b), P9(c), P10 and
P11 and mark the same as Exts.P8, P9, P9(a), P9(b), P9(c), P10 and P11 in
the writ petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of m/s.ENOCH DAVID SIMON JOEL, S.SREEDEV, RONY JOSE, LEO LUKOSE, KAROL
MATHEWS SEBASTIAN ALENCHERRY, DERICK MATHAI SAJI & KARAN SCARIA ABRAHAM,
Advocates for the petitioner, the court passed the following:
WP(C) No.7392/2024 2/4 Order Date : 06-03-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No. 7392 of 2024
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Dated this the 6th day of March, 2024
O R D E R
The petitioner shall submit reply to Ext.P8 letter
within three working days from the date of receipt of a
copy of this order. On receipt of the reply, the 3 rd
respondent- Secretary shall afford an opportunity of hearing
to the petitioner on 14.03.2024 at 11.00 am and pass an
order pursuant to Ext.P8 and produce the same before this
Court through the Standing Counsel.
2. The learned Government Pleader to get
instructions as to whether the Kerala Minor Mineral
WP(C) No.7392/2024 3/4 Order Date : 06-03-2024
Concession Rules, 2015 prescribe any statutory period for a
letter of intent.
Post on 19.03.2024.
This is an application to accept additional documents.
Heard. Allowed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.7392/2024 4/4 Order Date : 06-03-2024
APPENDIX OF WP(C) 7392/2024
Exhibit P1 TRUE COPY OF THE LETTER OF INTENT DTD. 25.05.2017
ISSUED BY THE 2ND RESPONDENT DIRECTOR OF MINING AND
GEOLOGY.
Exhibit P2 TRUE COPY OF THE LETTER OF INTENT DTD. 25.06.2019
ISSUED BY THE 2ND RESPONDENT.
Exhibit P2(a) TRUE COPY OF THE CONSENT TO OPERATE DTD. 17.09.2022
ISSUED BY THE POLLUTION CONTROL BOARD VALID TILL
23.02.2027.
Exhibit P2(b) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE
DATED 11.07.2022 ISSUED BY THE SEIAA.
Exhibit P3 TRUE COPY OF THE EXPLOSIVE LICENSE VALID TILL
31.03.2024.
Exhibit P4 TRUE COPY OF THE ORDER DATED 15.11.2022 ISSUED BY THE
3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 10.07.2023 IN WP(C) NO.
39182/2022 ON THE FILES OF THIS HON'BLE COURT.
Exhibit P6 TRUE COPY OF THE LETTER DATED 22.08.2023 ISSUED BY THE
3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE COVERING LETTER DATED 21.02.2024
SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE LETTER DATED 28.02.2024 ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER
Exhibit P9 . TRUE COPY OF THE TAX RECEIPT DATED 07.09.2023 BEARING
NO. KL13033903245/2023 ISSUED BY THE VILLAGE OFFICER,
THOLAMBRA .
Exhibit P9(a) TRUE COPY OF THE TAX RECEIPT DATED 07.09.2023 BEARING
NO. KL13033903246/2023 ISSUED BY THE VILLAGE OFFICER,
THOLAMBRA.
Exhibit P9(b) TRUE COPY OF THE POSSESSION CERTIFICATE DATED
19.02.2024 ISSUED BY THE VILLAGE OFFICER, THOLAMBRA.
Exhibit P9(c) TRUE COPY OF THE POSSESSION CERTIFICATE DATED
21.02.2024 ISSUED BY THE VILLAGE OFFICER, THOLAMBRA .
Exhibit P10 TRUE COPY OF THE SURVEY MAP DATED 31.03.2018 ISSUED BY
THE TAHSILDHAR, THALASSERY .
Exhibit P11 TRUE COPY OF THE CERTIFICATE OF COMPETENCY ISSUED BY
THE STATUTORY AUTHORITY TO THE SAID MINES MANAGER.
