This court dismissed the writ petition challenging the stoppage order against mining activities. The petition was found infructuous because the quarrying lease had expired and the petitioner had not obtained Environmental Clearance before applying for a fresh lease.
Writ petition dismissed as infructuous; no costs awarded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 12TH DAY OF JUNE 2017/22ND JYAISHTA, 1939
WP(C).No. 63 of 2011 (G)
PETITIONER:
SELVA BRICKS AND METALS, NELLIKKAPARAMBA, MUKKAM-673602, REPRESENTED BY ITS MANAGING PARTNER, P.K.ABDUL RAZAK.
BY ADVS.SRI.K.M.FIROZ
SMT.M.SHAJNA
RESPONDENT(S):
1. THE SECRETARY, KARASSERY GRAMA PANCHAYATH, P.O.KARASSERY, KOZHIKODE-673602.
2. KARASSERY GRAMA PANCHAYATH, P.O.KARASSERY, KOZHIKODE-673602, REPRESENTED BY ITS SECRETARY.
3. ISMALUTTY, KALATHIL AKKARAPARAMBIL, P.O.CHERUVADI-VIA MAVOOR,, KOZHIKODE-673661.
R1-2 BY ADVS. SRI.P.A.HARISH
SRI.V.V.SURENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WPC 63 OF 2011:
APPENDIX
PETITIONERS EXHIBITS:
P7(A) A TRUE COPY OF THE POSTAL RECEIPT IN RESPECT OF EXHIBIT P7.
RESPONDENT(S)' EXHIBITS NIL
/TRUE COPY/
P.S.TO JUDGE
K.V.
K. Vinod Chandran, J
W.P(C) No.63 of 2011-G
Dated, this the 12th day of June, 2017
JUDGMENT
The petitioner was aggrieved with Exhibit P6 order directing stoppage of the mining activities carried on by the petitioner. The learned Counsel for the petitioner refers to the counter affidavit filed by respondents 1 and 2 to contend that they admit that the impugned order was issued without notice and, hence, a hearing may be directed.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether the writ petition regarding stoppage of mining activities is infructuous due to expired lease and lack of Environmental Clearance.
Whether a fresh lease application requires obtaining Environmental Clearance first.
SELVA BRICKS AND METALS, NELLIKKAPARAMBA, MUKKAM-673602, REPRESENTED BY ITS MANAGING PARTNER, P.K.ABDUL RAZAK
THE SECRETARY, KARASSERY GRAMA PANCHAYATH, P.O.KARASSERY, KOZHIKODE-673602
KARASSERY GRAMA PANCHAYATH, P.O.KARASSERY, KOZHIKODE-673602, REPRESENTED BY ITS SECRETARY
ISMAILUTTY, KALATHIL AKKARAPARAMBIL, P.O.CHERUVADI-VIA MAVOOR,, KOZHIKODE-673661
K VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
