Kerala High Court
M/S. Oriental Rock Products Pvt. Ltd vs The District Geologist on 20 May, 2024
WP(C) No.17870/2024 1/4 Order Date : 20-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Monday, the 20th day of May 2024 / 30th Vaisakha, 1946
WP(C) NO. 17870 OF 2024
PETITIONER:
M/S. ORIENTAL ROCK PRODUCTS PVT. LTD., AGED 53 YEARS, XII/243, OLD
TREASURY BUILDING, P.O. JUNCTION, MUVATTUPUZHA, ERNAKULAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR SAJEEV MATHEW, PIN - 686661.
RESPONDENTS:
1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, TOWN BUS
STAND COMPLEX, PALAKKAD, PIN - 679014.
2. THE DIRECTOR, MINING & GEOLOGY, DIRECTORATE, KESAVADASAPURAM, PATTOM
PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004.
3. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD, PIN - 678001.
4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES
DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001.
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.P2O and P21, 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 Advocates for the petitioner, the
court passed the following:
WP(C) No.17870/2024 2/4 Order Date : 20-05-2024
C.JAYACHANDRAN, J.
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W.P.(C) No.17870 of 2024
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Dated, this the 20th May, 2024
O R D E R
Admit.
Learned Government Pleader takes notice for all
the respondents.
Having heard Sri.Renjith Thampan, learned Senior
Counsel, duly instructed by Adv.Philip
J.Vettickattu on behalf of the petitioner and the
learned Government Pleader, this Court is of the
opinion that Exts.P20 and P21 orders are liable to
be stayed. It is so done for a period of two
months. Counter affidavit, if any, in the mean
time.
Post on 19.07.2024.
Sd/-
C.JAYACHANDRAN, JUDGE
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WP(C) No.17870/2024 3/4 Order Date : 20-05-2024
APPENDIX OF WP(C) 17870/2024
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 TANDAPER NO.7740
DATED 8- 5-2024 ACKNOWLEDGING THE REMISSION OF LAND TAX
IN RESPECT OF THE SAID LAND
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT TANDAPER NO. 5206
DATED 8-5-2024 ACKNOWLEDGING THE REMISSION OF LAND TAX
IN RESPECT OF THE SAID LAND ISSUED BY THE
THIRUMITTAKODE II VILLAGE
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT TANDAPER NO.5204
DATED 8-5-2024 ACKNOWLEDGING THE REMISSION OF LAND TAX
IN RESPECT OF THE SAID LAND ISSUED BY THE
THIRUMITTAKODE II VILLAGE
Exhibit P5 TRUE COPY OF THE CONSENT DATED 25-10-2017, ISSUED BY
SRI.GEORGEMATHEW, WITH RESPECT TO AN EXTENT OF 0.5888
HECTARES OF LAND COMPRISED UNDER SY.NO.96/1 OF
THIRUMITTAKODE II VILLAGE
Exhibit P6 TRUE COPY OF THE CONSENT DATED 25-10-2017, ISSUED BY
SRI.ALEX MATHEW WITH RESPECT TO AN EXTENT OF 0.4911
HECTARES OF LAND COMPRISED UNDER SY.NO.96/1 OF
THIRUMITTAKODE II VILLAGE,
Exhibit P7 TRUE COPY OF THE DEMARCATION CERTIFICATE DATED
19-10-2017 ISSUED BY THE VILLAGE OFFICER, NAGALASSERRY
VILLAGE TO THE PETITIONER
Exhibit P8 TRUE COPY OF THE NON ASSIGNMENT CERTIFICATE DATED 1-
8-2017 ISSUED BY THE NAGALASSERY VILLAGE
Exhibit P9 TRUE COPY OF THE NON-ASSIGNMENT CERTIFICATE ISSUED BY
THE THIRUMITTAKODE VILLAGE TO THE CONSENTORS DATED
30/10/2017
Exhibit P10 TRUE COPY OF THE DEMARCATION CERTIFICATE ISSUED BY THE
THIRUMITTAKODE VILLAGE TO THE CONSENTORS DATED
24/10/2017
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF REGISTERED QUARRY
LEASE EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT
AUTHORITY DATED 20-7-2022
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL
CLEARANCE DATED 31/08/2018 ISSUED BY DEIAA
Exhibit P13 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO. 11873/2024 DATED 22/03/2024
Exhibit P14 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 P15 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 P16 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 P17 TRUE COPY OF THE LICENSE RENEWED BY THE SECRETARY TO
NAGALASSERY GRAMA PANCHAYAT DATED 13/03/2024 FOR A
PERIOD UPTO27/10/2024
Exhibit P18 TRUE COPY OF THE ORDER PASSED BY THE PRINCIPAL
SECRETARY LSGD TRIVANDRUM, DATED 01/04/2024
WP(C) No.17870/2024 4/4 Order Date : 20-05-2024
Exhibit P19 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE
COMPETENT AUTHORITY DATED 29/04/2024 FOR A PERIOD UPTO
13/05/2024
Exhibit P20 TRUE COPY OF THE MAIL RECEIVED FROM THE OFFICIAL PORTAL
OF THE RESPONDENT DATED 07/05/2024
Exhibit P21 TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED
07/05/2024 IN THE FORM OF NOTICE
Exhibit P21(a) TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE
DIVISION BENCH OF THIS HON'BLE COURT IN DISTRICT
COLLECTOR V/S. SAJITH LAL DATED 03/03/2023
Exhibit P22 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND SHIVALAYA CONSTRUCTION CO. PVT LTD DATED
14/02/2023
