Kerala High Court
Laiju Joseph vs The District Geologist Ernakulam 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. 18800 OF 2016
PETITIONER:
LAIJU JOSEPH
S/O. JOSEPH, AGED 34 YEARS, THEKKEKKARA HOUSE,
MANNATHOOR P.O.THIRUMARADI VILLAGE, MUAVATTUPUZHA TALUK,
ERNAKULAM DISTRICT.
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS:
1 THE DISTRICT GEOLOGIST,
DEPARTYMENT OF MINING AND GEOLOGY,
ERNAKULAM DISTRICT-682 030.
2 THE DIRECTOR MINING AND GEOLOGIST
OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
PATTAM, THIRUVANANTHAPURAM-695 001
3 THE STATE KERALA
REPRESENTE BY SECRETARY TO GOVERNMENT, INDUSTRIES
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
4 THIRUMARADI GRAMA PANCHAYATH
ERNAKULAM DISTRICT-682 035, REPRESENTE DBY ITS SECRETARY.
5 THE SECRETARY, THIRUMARADI GRAMA PANCHAYATH
ERNAKULAM DISTRICT - 682 035
BY ADV.
SRI. B.S.SYAMANTAK, GP
SRI. GIGIMON ISSAC, SC, THIRUMARADY GRAMA PANCHAYAT
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.18800 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.18800 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 first
respondent to renew exhibit P1 mining permit to the
petitioner to extract transport granite aggregates
without insisting environmental clearance certificate
from the Kerala State Environment Impact
Assessment authority since the petitioner had valid
permit as on 9.1.2015 within a reasonable period
which this honourable court may deem and proper
in the interest of justice and circumstances of the
case.
2. Issue a writ of mandamus or any other
appropriate writ, order or direction to the fourth
WP(C) NO.18800 OF 2016
respondent to grant D&O license to the petitioner to
extract transport granite aggregates without insisting
environmental clearance certificate from the Kerala
State Environment Impact Assessment authority
since the petitioner had valid permit as on 9.1.2015
within a reasonable period which this honourable
court may deem and proper in the interest of justice
and circumstances of the case.
3. 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. A bare perusal of the prayers in this writ
petition itself would show that the prayers are
infructuous, because the period of Ext.P1 permit is
already expired in 2015. Hence, this writ petition can
be closed.
Therefore, this writ petition is closed. But, I
make it clear that, if there is any fresh cause of action
WP(C) NO.18800 OF 2016
to the petitioner, the same is left open.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.18800 OF 2016
APPENDIX OF WP(C) 18800/2016
PETITIONER EXHIBITS
P1 TRUE COPY OF THE MINING PERMIT DATED
17.5.2014 ISSUED BY THE FIRST
RESPONDENT
P2 TRUE COPY OF THE INTERIM ORDER OF
THE HONOURABLE SUPREME COURT IN SLP
P3 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 14.12.2015 IN
W.P.(C). NO.37139 OF 2015
P4 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 7.4.2016 IN
W.P.(C).NO.14203 OF 2016
P5 TRUE COPY OF THE INTERIM ORDER OF
THE DIVISON BENCH OF THIS
HONOURABLE COURT DATED 23.12.2015 IN
W.A.NO. 2714 OF 2015 IN W.P.C. NO.34748
OF 2015
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
