Disposal of writ petition regarding quarry license renewal. Court held impugned orders do not bar fresh application for license renewal with necessary permits, and disposed of the matter without elaborating on legal principles or substantive arguments.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937
WP(C).No. 947 of 2015 (P)
PETITIONERS:
1. M.P.BALAN AGED 62 YEARS S/O.KANARAN, ARCHANA HOUSE, IRUTHIYAD KOZHIKODE-673004
2. RAVEENDRAN, AGED 52 YEARS S/O.NARAYANAN NAIR KIZHAMEKKA KILIYANAKKANDI HOUSE VILAYATTOOR KOYILANDI TALUK, KOZHIKODE DISTRICT
BY ADVS.SRI.R.SUDHISH SMT.M.MANJU
RESPONDENTS:
1. THE SECRETARY, MEPPAYUR GRAMA PANCHAYATH MEPPAYUR, KOZHIKODE - 673 524
2. THE PRESIDENT
3. PRAJEESH, S/O.DAMODARAN MEETHALE MANIKKOTH, KEEZHPAYUR, POST MEPPAYUR KOYILANDI TALUK, KOZHIKODE - 673 524
4. ZIRAJ, S/O.HASSAN KELLAROTH, KEEZHPAYUR, POST MEPPAYUR KOYILANDI TALUK, KOZHIKODE - 673 524
R1 & R2 BY ADVS. SRI.M.G.SREEJITH SRI.ABDUL JALEEL ONATH R3 & R4 BY ADVS. SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ SRI.V.HARISH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 947 of 2015 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1 - | COPY OF THE LICENCE ISSUED BY 1ST RESPONDENT TO THE 1ST PETITIONER WITH ENGLISH TRANSLATION |
|---|---|
| EXT.P2 - | COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC.NO.33463 OF 2014 |
| EXT.P3 - | COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 27-12-2014 WITH ENGLISH TRANSLATION |
| EXT.P4 - | COPY OF THE APPEAL FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 17-11-2014 WITH ENGLISH TRANSLATION |
| EXT.P5 - | COPY OF THE ORDER FOR CONSENT TO OPERATE ISSUED BY KERALA STATE POLLUTION CONTROL BOARD DATED 13-10-2014 |
| EXT.P6 - | COPY OF THE PERMISSION ISSUED BY DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, KOZHIKODE DATED 28-5-2014 |
| EXT.P7 - | COPY OF THE LICENCE ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY, PETROLEUM AND EXPLOSIVE SAFETY ORGANIZATION DATED 22-1-2013 |
| EXT.P8 - | COPY OF THE GOVERNMENT ORDER G.O.(B) NO. 144/2015/ID DATED 6.10.2015 |
| EXT.P9- | COPY OF THE PERMISSION OBTAINED BY THE PETITIONER FROM THE DEPARTMENT OF MINING AND GEOLOGY DATED 13.02.2013 |
| EXT.P10- | COPY OF THE PERMISSION OBTAINED BY THE PETITIONER FROM THE DEPARTMENT OF MINING AND GEOLOGY DATED 13.02.2013 |
| EXT.P11 - | COPY OF THE APPLICATION FOR RENEWAL OF PERMIT SUBMITTED BY THE PETITIONER DATED 12.10.2015 |
RESPONDENT(S)' EXHIBITS:-
| EXT.R4(a) - | A TRUE PHOTOCOPY OF THE APPLCIATION DATED 15.10.2014 PREFERRED BY THE WRIT PETITIONER |
|---|---|
| EXT.R4(b) - | A TRUE PHOTOCOPY OF THE REPORT PREPARED BY THE PANCHAYATH OBTAINED THROUGH RIGHT TO INFORMATION ACT |
WP(C).No. 947 of 2015 (P)
EXT.R4(c) - A TRUE PHOTOCOPY OF THE FILE NOTING NO. A4-5781/2014 OBTAINED THROUGH RIGHT TO INFORMATION ACT EXT.R4(d) - A TRUE PHOTOCOPY OF THE APPEAL DATED 01.12.2014 EXT.R4(e) - A TRUE PHOTOCOPY OF THE RECEIPT FOR MY APPEAL ISSUED BY THE 1ST RESPONDENT
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C.) No. 947 of 2015
Dated this the 20th day of January, 2016
JUDGMENT
It now transpires that many of the licenses/permits relied on by the petitioners for renewal of the license to quarry have expired pending writ petition. It is made clear that the orders impugned in the writ petition will not stand in the way of the petitioners applying for renewal of license afresh on the strength of the necessary permits/licenses as also environmental clearance (if necessary).
The writ petition is disposed of.
V. CHITAMBARESH JUDGE
DCS
M.P. Balan
Raveendran
The Secretary, Meppayur Grama Panchayath
The President, Meppayur Grama Panchayath
Prajeesh
Ziraj
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
