Kerala High Court
Ramankutty vs The District Geologist on 28 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 20299 OF 2016
PETITIONER:
RAMANKUTTY
AGED 65 YEARS, S/O. PARUKUTTY AMMA, ADIYAMPURATH,
KILLIMANGALAM P.O., KILLIMANGALAM VILLAGE,
THALAPPILLY TALUK, THRISSUR DISTRICT.
BY ADV SRI.P.C.SASIDHARAN
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
THRISSUR DISTRICT-680 001.
2 PANJAL GRAMA PANCHAYATH
THRISSUR DISTRICT-680 001, REPRESENTED BY ITS SECRETARY.
3 THE SECRETARY
PANJAL GRAMA PANCHAYATH, THRISSUR DISTRICT-680 001.
4 THE DIRECTOR
MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY,
KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695 001.
5 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADV.
SRI. RIYAL DEVASSY, GP,
SRI.BINOY VASUDEVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.20299 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.20299 of 2016
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Dated this the 28th day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"1. Issue a writ of mandamus or any other
appropriate writ, order or direction to the second
respondent to issue/renew D&O license to the
petitioner for operating a quarry without insisting
environmental clearance certificate from the Kerala
State Environment Impact Assessment authority
within a reasonable period which this honourable
court may deem and proper in the interest of justice
and circumstances of the case.
2. Issue such other writ, orders or directions, which
this Honourable Court may deem fit and proper in
the interest of justice and circumstances of the case."
SIC
2. The main prayer in this writ petition is
WP(C) NO.20299 OF 2016
regarding the non-consideration of an application of
the petitioner to issue/renew D&O license.
3. This writ petition is pending before this
Court from 2016 onwards. The D&O license is already
expired. Moreover Ext.P1 the integrated consent to
operate-renewal, issued by the Kerala State Pollution
Control Board is also expired. Therefore, the prayers
in this writ petition might have been infructuous.
This writ petition need not be retained here. If there is
any fresh cause of action to the petitioner, the same is
left open.
With the above observation, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.20299 OF 2016
APPENDIX OF WP(C) 20299/2016
PETITIONER EXHIBITS
P1 COPY OF THE INTEGRATED CONSENT TO
OPERATE-RENEWAL DTD.14.3.2016 ISSUED
BY THE KERALA STATE POLLUTION
CONTROL BOARD.
P2 COPY OF THE SHOT FIRE'S CERTIFICATE
DTD.28.3.2012 ISSUED BY THE DEPUTY
CHIEF CONTROLLER OF EXPLOSIVES,
ERNAKULAM.
P3 COPY OF QUARRYING PERMIT
DTD.26.2.2014 ISSUED BY THE FIRST
RESPONDENT.
P4 COPY OF THE D & O LICENCE
DTD.15.7.2013 ISSUED BY THE ISSUED BY
THE 3RD RESPONDENT ON BEHALF OF 2ND
RESPONDENT.
P5 COPY OF LETTER OF INTENT ISSUED BY
THE FIRST RESPONDENT DTD.16.11.2015.
P6 COPY OF THE JUDGMENT DTD.14.12.2015
IN WPC NO.37139/2015.
P7 COPY OF THE JUDGMENT DTD.17.3.2016 IN
WPC NO.10320/2016.
P8 COPY OF THE INTERIM ORDER OF HON'BLE
SUPREME COURT IN SLP NO.30103/2015.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
