Disposed

M.N.Vipin v. the District Geologist, Thrissur

Kerala HC26 Nov 2013WP(C)/27709/2013

Case brief

AI extract

What is this about?

This writ petition seeking mandatory direction to issue a transport permit without a No Objection Certificate was disposed of. The court directed the petitioner to file a proper application within two weeks with relevant particulars.

What did the court decide?

Petitioner granted liberty to file a proper application within two weeks with relevant particulars; writ petition disposed.

M.N.Vipin Vs the District Geologist, Thrissur — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY, THE 26TH DAY OF NOVEMBER 2013/5TH AGRAHAYANA, 1935

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WP(C).No. 27709 of 2013 (K)

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PETITIONER:

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M.N.VIPIN, AGED 38 YEARS, S/O. NARAYANAN, MANCHERRY HOUSE, PARIKKAD P.O, MINALUR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT.

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BY ADVS.SRI.P.M.ZIRAJ

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SRI.T.K.BABU

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RESPONDENTS:

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1. THE DISTRICT GEOLOGIST, OFFICE OF DISTRICT GEOLOGY,

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THRISSUR-680001.

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2. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, THRISSUR-680001.

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BY GOVERNMENT PLEADER SMT.K.T.LILLY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27709 of 2013 (K)

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APPENDIX

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PETITIONER'S EXHIBITS

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P1. COPY OF PERMIT ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 15-4-2013 FOR OPERATING QUARRY.

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P2. COPY OF THE REPRESENTATION DATED 2-9-2013 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

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P3. COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 26-9-2013 IN WPC NO. 23104 OF 2013.

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RESPONDENTS' EXHIBITS : NIL

//True Copy//

P.A to Judge

P.R.RAMACHANDRA MENON, J.

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W.P.(C) No. 27709 OF 2013

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- - - - Dated this the 26^th day of November, 2013

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JUDGMENT

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The petitioner has approached this Court with the

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following prayers.

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1.Issue a writ of mandamus or other appropriate, writ direction or order directing the first respondent to issue permit and P form to the petitioner for transporting the red earth removed from the top portion of the rocks for the purpose of extracting the granite stones and keeping in the premises of the quarry on the basis of exhibit P1 permit without insisting no objection certificate from the second respondent District Collector.

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2.Declare that no objection certificate from the second respondent is not required under Section 5(7) of Kerala Minor Mineral Concession (Amendment) Rules 2012 for transporting the earth already extracted by the petitioner on the basis of exhibit P1 permit.

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3.Direct the first respondent to receive, consider and dispose exhibit P2 representation submitted by the petitioner.

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The learned Government Pleader appearing

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for the respondents submits on instructions, that the petitioner has not preferred any application before the first respondent and no proof has been produced along with the writ petition as to the filing of the Ext.P2. It is also pointed out that, by virtue of the circular dated 23.01.2013, the merits of each case will have to be considered separately based on the factual particulars

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W.P.(C) No. 27709 OF 2013

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to be furnished by the party concerned.

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The learned counsel for the petitioner points out that Ext.P2 application proposed to be filed by the petitioner was not accepted by the 1st respondent, as stated in the writ petition, and hence the intervention of this Court is sought for.

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After hearing both the sides, the writ petition is disposed of, with liberty to the petitioner to file a proper application before the first respondent for the redressel of the grievances satisfying the requirements in accordance with law also furnishing all the relevant particulars within 'two weeks' from the receipt of a copy of this judgment. It shall be dealt with and appropriate orders shall be passed in conformity of the relevant provisions with the Mine and Mineral (Development and Regulation) Act, 1965/Kerala Minor Mineral Concession Rules 1967 Rules at the earliest, at any rate within 'two weeks' thereafter.

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W.P.(C) No. 27709 OF 2013

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5. The petitioner shall produce a copy of the

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judgment along with a copy of this writ petition before

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the concerned respondent.

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The writ petition is disposed of.

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P.R.RAMACHANDRA MENON JUDGE

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jm/

M.N.Vipin v. the District Geologist, Thrissur

Case brief

What is this about?

What did the court decide?

M.N.Vipin v. the District Geologist, Thrissur

Case brief

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What did the court decide?

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