Allowed

Sulaiman v. the District Geologist

Kerala HC11 Feb 2016WP(C)/5202/2016

Case brief

AI extract

What is this about?

Petitioner claimed entitlement to quarry permit renewal and D&O license without environmental clearance due to existing permit. Court directed renewal within two weeks subject to SC orders and issued D&O license by Panchayat.

What did the court decide?

Direction to District Geologist to renew quarrying permit and Panchayat to issue D&O license within two weeks subject to further Supreme Court orders.

Sulaiman Vs the District Geologist — Writ and Judicial Review | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937

¶5

WP(C).No. 5202 of 2016 (A)

¶6

PETITIONER :

¶7

------------------

¶8

SULAIMAN, AGED 47 YEARS, S/O. ALAVI, KOOLIYADAN HOUSE, MANERI P.O., VAYAPPARAPADI, MALAPPURAM DISTRICT.

¶9

BY ADV. SRI.P.M.ZIRAJ

¶10

RESPONDENTS :

¶11

----------------------

¶12

1. THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT - 676 181.

¶13

2. PULPATTA GRAMA PANCHAYATH

¶14

MALAPPURAM DISTRICT - 676 181 REPRESENTED BY ITS SECRETARY.

¶15

3. THE SECRETARY

¶16

PULPATTA GRAMA PANCHAYATH MALAPPURAM DISTRICT - 676 181.

¶17

4. THE DIRECTOR

¶18

MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPRUAM - 695 001.

¶19

5. THE STATE OF KERALA

¶20

REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNEMNT OF KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

¶21

6. THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, MALAPPURAM, - 676 505 REPRESENTED BY ENVIRONMENTAL ENGINEER.

¶22

R1,R4 & R5 BY GOVERNMENT PLEADER R6 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD

¶23

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

¶25

WP(C).No. 5202 of 2016 (A)

¶26

APPENDIX

¶27

PETITIONER(S)' EXHIBITS

¶28

P1: - TRUE COPY OF THE MINING PERMIT DT. 01.10.2014 ISSUED BY THE FIRST RESPONDENT.

¶29

P2: - TRUE COPY OF THE EXPLOSIVE LICNSE DT. 29.09.2015 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM.

¶30

P3: - TRUE COPY OF COMMUNICATION DT. 17.10.2014 ISSUED BY THE SIXTH RESPONDENT INFORMING THAT THE APPLICATION FOR CONSENT TO OPERATE IS PENDING.

¶31

P4: - TRUE COPY OF LETTER OF INTENT DT. 29.4.2015 ISSUED BY THE FIRST RESPONDENT.

¶32

P5: - TRUE COPY OF JUDGMENT DT. 25.1.2016 IN WPC NO. 2997/2016.

¶33

RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A.TO JUDGE

A.MUHAMED MUSTAQUE, J.

¶38

--------------------------------------------

¶39

W.P.(C).No.5202 of 2016

¶40

¶41

Dated this the 11^th day of February,2016

¶42

J U D G M E N T

¶43

-------------------------

¶44

The petitioner claims that he is having a quarrying permit as on 9.1.2015. Therefore, he is entitled for renewal of quarrying permit without environmental clearance.

¶45

In the light of orders of the Hon'ble Supreme Court, there shall be a direction to the Geologist to renew the quarrying permit within two weeks from the date of receipt of the copy of this judgment. This would be subject to further orders of the Hon'ble Supreme Court. In view of the above, D & O license shall also be issued by the Panchayat within a period of two weeks.

¶46

The writ petition is disposed of as above.

¶47

A.MUHAMED MUSTAQUE, JUDGE

¶48

jm/

Sulaiman v. the District Geologist

Case brief

What is this about?

What did the court decide?

Sulaiman v. the District Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

K.Y.Thomas Vs Kerala Khadi & Village Industries Board

Saju John Vs U v Jose , District Collector, Kottayam

Dr.Zeenath K.S. Vs Mohamed Basheer .K

Niyas Abdul Khareem Vs Union of India

Sahil Sabi Vs the Controller of Examinations

M.R.Valsakumar Vs State of Kerala