C.G.Prakash vs State Of Kerala
2024 Latest Caselaw 13948 Ker

Kerala High Court

C.G.Prakash vs State Of Kerala on 28 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
        TUESDAY, THE 28TH DAY OF MAY 2024/7TH JYAISHTA, 1946
                       WP(C) NO.17595 OF 2024
PETITIONER:

            C.G.PRAKASH, AGED 69 YEARS, S/O.GOVINDAN,
            KALATHIL VEEDU, PUNNAPRA, PARAVOOR,
            ALAPPUZHA, PIN - 688004.

            BY ADVS.
            K.SIJU
            S.ABHILASH
            ANJANA KANNATH
            MARIYA JOSE


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY SECRETARY TO THE GOVERNMENT,
            DEPARTMENT OF MINING AND GEOLOGY/INDUSTRIES,
            GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001.

    2       DIRECTOR, MINING AND GEOLOGY, KESAVADASAPURAM,
            PATTOM PALACE P.O, THIRUVANATHAPURAM, PIN - 695004.

    3       SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,
            DISTRICT OFFICE, KESAVADASAPURAM, PATTOM PALACE P.O,
            THIRUVANATHAPURAM, PIN - 695004.

    4       REVENUE DIVISIONAL OFFICER,
            OFFICE OF THE REVENUE DIVISIONAL OFFICER,
            NEDUMANGAD,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695541.

            BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.17595 of 2024
                                - 2 -

                           JUDGMENT

Dated, this the 28th May, 2024

The short grievance of the petitioner is that an

application preferred by the petitioner for removal

of rock and for issuance of necessary pass and

licence enabling the same, is not being considered

by the 1st respondent, though the said application

was preferred much earlier.

2. As a matter of fact, the petitioner was called

for a hearing on 17.01.2024, as per Ext.P7 notice.

However, no decision on the same has not been taken

yet.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader on behalf of the

respondents.

4. Having regard to the attendant facts and

circumstances, this Court directs the 1st respondent

- 3 -

to pass an order, in accordance with law, on the

petitioner's application, which is the subject

matter of hearing vide Ext.P7, at the earliest, at

any rate, within a period of one month from the date

of receipt of a copy of this judgment. While taking

the decision in the application, the fact that

necessary recommendation in favour of the petitioner

has been made by the 2nd respondent will also be

taken into account by the 1st respondent.

This Writ Petition is accordingly allowed as

indicated above.

Sd/-

C.JAYACHANDRAN, JUDGE ww

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APPENDIX OF WP(C) 17595/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, NELLANAD DATED 27.4.2022.

EXHIBIT P2 THE COPY OF NOC DATED 21.4.2022 ALONG WITH THE COVERING LETTER ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P3 THE COPY OF REPORT DATED 20.5.2022 PREPARED BY THE PETITIONER THROUGH A REGISTERED QUARRY PRACTITIONER.

EXHIBIT P4 THE COPY OF LETTER DIRECTING STACKING OF BOULDERS BY THE 3RD RESPONDENT DATED 1.8.2022.

EXHIBIT P5 THE COPY OF REPORT DATED 19.6.2023 PREPARED BY REGISTERED QUARRY PRACTITIONER.

EXHIBIT P6 THE COPY OF REPRESENTATION DATED 17.1.2024 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 THE COPY OF NOTICE OF HEARING DATED 6.1.2024.