Kerala High Court
Mastermind Buildtech Solutions And ... vs State Of Kerala on 6 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.28845/2024 1/4 Order Date : 06-09-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 6th day of September 2024 / 15th Bhadra, 1946
WP(C) NO. 28845 OF 2024
PETITIONERS:
1. MASTERMIND BUILDTECH SOLUTIONS AND DEVELOPERS PVT. LTD 13/420/10 QT
2, 10TH FLOOR, ALFA HORIZON, VALLARPADOM, MULAVUKADU, ERNAKULAM,
REPRESENTED BY ITS MANAGING DIRECTOR, RATHEESH VENUGOPAL NAIR, PIN -
682504
2. RATHEESH VENUGOPAL NAIR, AGED 48 YEARS , S/O. VENUGOPALAN NAIR,
MANAGING DIRECTOR, MASTERMIND BUILDTECH SOLUTIONS AND DEVELOPERS
PVT. LTD.,13/420/10 QTR, 10TH FLOOR, ALFA HORIZON, VALLARPADOM,
MULAVUKADU, ERNAKULAM-682504 , RESIDING AT 'ASWATHY' ELAKAMON P.O.
AYIROOR, VARKALA, THIRUVANANTHAPURAM, PIN - 695310
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2. THE DIRECTOR OF MINING AND GEOLOGY OFFICE OF THE DIRECTORATE OF
MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
3. THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
KAKKANADU, ERNAKULAM, PIN - 682030
4. THE COCHIN PORT AUTHORITY, REPRESENTED BY ITS SECRETARY, WILLINGTON
ISLAND, COCHIN, PIN - 682009
5. THE CHIEF ENGINEER, CHIEF ENGINEERS OFFICE, COCHIN PORT AUTHORITY
WILLINGTON ISLAND, COCHIN, PIN - 682009
6. THE DEPUTY CHIEF MECHANICAL ENGINEER (M)(ESTATE DIVISION) GENERAL
ADMINISTRATION DEPARTMENT, COCHIN PORT AUTHORITY, WILLINGTON
ISLAND, COCHIN, PIN - 682009
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 direct the 3rd respondent to consider exhibit p10 request
submitted by the 5th respondent and to issue the transit passes to the 4th
respondent or to the petitioners so as to enable the petitioners to
transport the processed sand from the site at puthuvypeen, near petronet
lng to various destinations, pending disposal of the writ petition
(civil).
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 D.KISHORE, MEERA GOPINATH & R.MURALEEKRISHNAN (MALAKKARA), Advocates
for the petitioners, M/S GOPIKRISHNAN NAMBIAR M, K.JOHN MATHAI, JOSON
MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN, Advocates for
R4 to R6 the court passed the following:
WP(C) No.28845/2024 2/4 Order Date : 06-09-2024
DR.KAUSER EDAPPAGATH, J.
========================
W.P.(C) No. 28845 of 2024
========================
Dated this, the 6th day of September, 2024
ORDER
I have heard Sri. Kishore D., the learned counsel
appearing for the petitioners, Smt. Deepa V., the learned
Government Pleader and Sri. M. Gopikrishnan Nambiar, the
learned Standing Counsel for the respondent Nos.4 to 6.
2. The learned Government Pleader submits that if the
petitioners file an application for dealer's license under Rule
10 of the Kerala Minerals (Prevention of Illegal Mining,
Storage and Transportation) Rules, 2015, the license shall be
issued without delay, at any rate within a period of two
weeks. The learned Government Pleader further submits
that after the dealer's license is issued, the 3 rd respondent
shall issue transit pass to the petitioners to remove the
processed sand from the site at Puthuvypeen, near Petronet
LNG to various destinations.
WP(C) No.28845/2024 3/4 Order Date : 06-09-2024
WP(C) NO.28845 OF 2024
3. The learned counsel for the petitioners, Sri. Kishore
D, submits that the petitioners are prepared to file
application for dealer's license with two days.
4. Having heard Sri. Kishore D., the learned counsel
appearing for the petitioners, the learned Government
Pleader and the learned Standing Counsel for the
respondent Nos.4 to 6, the 3rd respondent is directed to
consider the application for dealer's license to be filed by the
petitioners and issue dealer's license, as expeditiously as
possible, at any rate within a period of two weeks from the
date of the application. The 3 rd respondent is directed to
issue transit pass as mentioned above to the petitioners
immediately after the issuance of the dealer's license. The
issuance of dealer's license and transit pass shall be subject
to the final outcome of the Writ Petition.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
BR
WP(C) No.28845/2024 4/4 Order Date : 06-09-2024
APPENDIX OF WP(C) 28845/2024
Exhibit P1 TRUE COPY OF THE ORDER NO.
EM1/LICENCE/TEMP/SPECIALTIES/2023 DATED 21.2.2024
ISSUED BY THE 6TH RESPONDENT TO M/S. PRABHA SPECIALTIES
WITHOUT SKETCH
Exhibit P2 TRUE COPY OF THE HANDING OVER/TAKING OVER STATEMENT
DATED NIL EXECUTED BY THE 4TH RESPONDENT AND M/S.
PRABHA SPECIALTIES
Exhibit P3 TRUE COPY OF THE QUANTITY EXTRACTION AND SUPPLY
AGREEMENT DATED 20.5.2024 ENTERED IN TO BETWEEN M/S.
PRABHA SPECIALTIES AND THE 1ST PETITIONER
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 17.3.2021 IN W.P.(C)
260/2021 OF THIS HONOURABLE COURT
Exhibit P5 TRUE COPY OF THE ORDER NO.36/2024-25/DOERN-
DMG/845/2024-MDO DATED 3.7.2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P6 TRUE COPY OF THE INDEMNITY BOND EXECUTED BY THE
PETITIONERS ON 25.7.2024 ALONG WITH ITS TYPED COPY
Exhibit P7 TRUE COPY OF THE APPLICATION DATED 31.7.2024 SUBMITTED
BY THE PETITIONERS BEFORE THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO.DOERN/DMG/845/2024-MDO
DATED 5.8.2024 ISSUED BY THE 3RD RESPONDENT TO THE 2ND
PETITIONER
Exhibit P9 TRUE COPY OF THE APPLICATION DATED 6.8.2024 SUBMITTED
BY THE PETITIONERS BEFORE THE 5TH RESPONDENT
Exhibit P10 TRUE COPY OF THE COMMUNICATION NO. T15/SC(TECH)/DREDGED
SAND/2023-C/726(W) DATED 9.8.2024 ISSUED BY THE 5TH
RESPONDENT TO THE 3RD RESPONDENT
