Abdul Nasar P.T vs State Of Kerala
2024 Latest Caselaw 27785 Ker

Kerala High Court

Abdul Nasar P.T vs State Of Kerala on 13 September, 2024

                                                       2024:KER:70372


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE BASANT BALAJI

     FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946

                       WP(C) NO. 32628 OF 2024

PETITIONER:

          ABDUL NASAR P.T,
          AGED 57 YEARS,
          S/O MOOSA, PROPREITOR, ATHANIKKAL SANDS,
          MAMPAD P.O., MALAPPURAM,
          PIN - 676 542.

          BY ADVS.
          SOHAIL MOHAMMED ANSARY
          AMEENA.R


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
          KERALA, INDUSTRIES DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695 001.

    2     THE DIRECTOR,
          MINING & GEOLOGY DEPARTMENT,KESAVADASAPURAM,
          PATTOM PALACE P.O.,THIRUVANANTHAPURAM,
          PIN - 695 004.

    3     THE DISTRICT GEOLOGIST,
          DEPARTMENT OF MINING & GEOLOGY DEPARTMENT,
          KASARGODE DISTRICT, PIN - 671 121.

    4     THE DISTRICT GEOLOGIST,
          DEPARTMENT OF MINING & GEOLOGY DEPARTMENT,
          KANNUR DISTRICT, PIN - 670 002.

          GP SRI. B.S SYAMANTHAK
 W.P.(C).No.32628 of 2024

                                                                    2024:KER:70372
                                           -2-

       THIS    WRIT        PETITION   (CIVIL)    HAVING   BEEN   FINALLY   HEARD   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.32628 of 2024

                                                                     2024:KER:70372
                                               -3-

                                   JUDGMENT

(Dated this the 13th day of September, 2024)

Petitioner is engaged in the business of

procuring ordinary sand from neighbouring states. He

was having a licence to do this in Palakkad District and

he now intends to open units in Kannur and Kasargode

Districts. The petitioner has approached the 3rd

respondent with Form-A application dated 20.06.2024,

attaching all relevant documents, in accordance with

Rule 6 of the Kerala Minarals (Prevention of Illegal

Mining, Storage and Transportation) Rules 2015, for

district of Kasargode and as Exts.P3 and P4 in respect of

the kannur district. The limited prayer of the petitioner

is that Exts.P3 and P4 applications are not being

disposed of by the 3rd and 4th respondents.

2. The learned Government Pleader submits

that, if Exts.P3 and P4 are pending before the

authorities, the same would be disposed of in

accordance with law.

2024:KER:70372

3. Having heard the counsel for the petitioner

as well as the learned Government Pleader, I deem it

appropriate to direct respondents 3 and 4 to take up

Exts.P3 and P4 and pass orders within a period of two

months from the date of receipt of a copy of the

judgment.

Accordingly, the writ petition is disposed of.

Sd/-

BASANT BALAJI JUDGE

ADS

2024:KER:70372

APPENDIX OF WP(C) 32628/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF G.O. (MS.) NO. 181/09/ID DATED 14/12/2009.

EXHIBIT P1(A) TYPED COPY OF EXHIBIT P1.

EXHIBIT P2 THE TRUE COPY OF CIRCULAR NO. 57/A3/2018/ID DATED 20/02/2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE FORM A APPLICATION OF THE PETITIONER DATED 20/06/2024 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE FORM A APPLICATION OF THE PETITIONER DATED 19/08/2024 SUBMITTED BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE LICENCE NO.

45/18-19/REGN/ISFC/DOC/M-717/2019 DATED 25/03/2019.