Kabani Blue Metals Private Limited vs Cherupuzha Gramapanchayath
2025 Latest Caselaw 108 Ker

Kerala High Court

Kabani Blue Metals Private Limited vs Cherupuzha Gramapanchayath on 9 May, 2025

                                                       2025:KER:33692
WP(C) NO. 16326 OF 2025              1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

        FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947

                        WP(C) NO. 16326 OF 2025

PETITIONER/S:

           KABANI BLUE METALS PRIVATE LIMITED,
           REGISTERED OFFICE MANGATTUNJALIL HOUSE, PULLU P.O,
           THRISSUR DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR,
           VIVEK VIJAYAN, 35 YEARS, S/O VIJAYAN M V,
            POTTASSERIAL HOUSE, KAKKANAD P O,
            ERNAKULAM, PIN - 682030


           BY ADV V.M.KRISHNAKUMAR


RESPONDENT/S:

    1      CHERUPUZHA GRAMAPANCHAYATH,
           REPRESENTED BY ITS SECRETARY, NEAR PAYYANUR -
           CHERUPUZHA ROAD, CHERUPUZHA,
           KANNUR DISTRICT, PIN - 670511

    2      SECRETARY,CHERUPUZHA GRAMAPANCHAYATH, NEAR PAYYANUR -
           CHERUPUZHA ROAD, CHERUPUZHA,
           KANNUR DISTRICT, PIN - 670511




           SRI.RAJEEV JYOTHISH GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2025:KER:33692
WP(C) NO. 16326 OF 2025                2



                                  JUDGMENT

The petitioner has filed the captioned writ petition

seeking an appropriate direction to the 2 nd respondent to

consider and pass orders on Ext.P7 application for renewal of

license already issued to it, which is stated to expire by

31.03.2024. The petitioner has also relied on Ext.P6 interim

order issued by this Court dated 27.03.2025 to contend that

the environment clearance already issued to it is valid.

2. Having considered the averments contained in the

writ petition as well as the contentions raised, this writ petition

would stand disposed of directing the 2 nd respondent herein to

consider and pass orders on Ext.P7 application filed before it,

as expeditiously as possible, at any rate, within a period of

three weeks from today. The petitioner will be entitled to rely

on Ext.P6 orders issued by this Court, while the application at

Ext.P7 is being processed by the 2nd respondent, as above.

The writ petition is disposed of as above.

Sd/-

HARISANKAR V. MENON JUDGE ajt 2025:KER:33692

APPENDIX OF WP(C) 16326/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.24/2017 DATED 07.11.2017 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KANNUR

Exhibit P2 TRUE COPY OF THE QUARRYING LEASE IN FORM H DATED 20.05.2019 EXECUTED BY PETITIONER

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.120/2023-24/MM/GS/DOKAN-DMG/1330/ 2023 -M DATED 10.10.2023 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY

Exhibit P4 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.04.2023 ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (IMPACT ASSESSMENT DIVISION)

Exhibit P5 TRUE COPY OF THE OFFICE MEMORANDUM DATED 03.11.2023 ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (IMPACT ASSESSMENT DIVISION)

Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN WP(C).NO 35102/2024 DATED 27.03.2025

Exhibit P7 TRUE COPY OF APPLICATION DATED 29.03.2025 FILED BY VIVEK VIJAYAN, MANAGING DIRECTOR, KABANI BLUE METALS PRIVATE LIMITED BEFORE THE PANCHAYATH