Dismissed

M/S.Um Assets Private Limited, v. the District Geologist

Kerala HC4 Feb 2019WP(C)/1331/2019

Case brief

AI extract

What is this about?

In this writ petition challenging the processing of an earth removal application, the Kerala High Court granted liberty to the petitioner to submit missing documents and fees within three weeks, directing the District Geologist to finalize the application within two months unless construction exceeds 20,000 square meters requiring environmental clearance.

What did the court decide?

Liberty granted to petitioner to produce documents and remit fee within three weeks. Direction to respondent to finalize application within two months if documents are submitted.

M/S.Um Assets Private Limited, Vs the District Geologist — Land Acquisition | Kerala HC (2019)

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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 SHAJI P.CHALY

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MONDAY, THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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WP(C).No. 1331 of 2019

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PETITIONER/S:

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M/S.UM ASSETS PRIVATE LIMITED, REGISTERED OFFICE AT 2ND FLOOR, D.D. TRADE TOWER, KALOOR-KADAVANTHRA ROAD, ERNAKULAM-682017, REPRESENTED BY ITS DIRECTOR, SIDDARTH V. DESAI, S/O. V.R. DESAI, AGED 25 YEARS.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENT/S:

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1 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT - 680001.

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2 THE DIERECTOR, MINING AND GEOLOGY, OFFICER OF THE MINING AND GEOLOGY, KESAVADASPURAM, PATTAM, THIRUVANANTHAPURAM - 695001.

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3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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R1 TO R3 BY SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1331 of 2019 2

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JUDGMENT

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Petitioner having secured Exts.P1 and P2

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building permit and development permit from the local body, has submitted Ext.P3 application by post before the 1^st respondent seeking removal of ordinary earth from the property having an extent of 38.89 Ares comprised in Re.Sy.No.30/25,30/31 of Ollur

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Village, Thrissur Taluk.

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According to the petitioner, since the

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construction proposed to be carried out is less than 20000 square meters, the 1^st respondent is not at liberty to insist the petitioner for production of environmental clearance in accordance with the notification issued by the Ministry of Forest Environment and Climatic Changes. Therefore,

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petitioner seeks appropriate directions for disposal of Ext.P3 application.

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I have heard learned counsel for the

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petitioner, learned Government Pleader and perused the pleadings and the documents on record.

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Learned Government Pleader pointed out that,

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Ext.P3 application was received by post, but none of the documents required for consideration of Ext.P3 application is not sent along with Ext.P3, nor the

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WP(C).No. 1331 of 2019 3

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fee is remitted.

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In that view of the matter, this writ petition is disposed of, granting liberty to the petitioner to produce necessary documents within three weeks from the date of receipt of a copy of this judgment and remit the fee required for consideration of Ext.P3 application, within the time frame specified above, and if the said exercise is undertaken by the petitioner, Ext.P3 shall be finalized by the 1^st respondent at the earliest possible, and at any rate, within two months from the date of receipt of a copy of this judgment.

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If it is found that, the construction proposed to carry out is less than 20000 square meters, the 1^st respondent may not insist for Environmental Clearance from the petitioner.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 04.02.2019

WP(C).No. 1331 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 24/10/2018 ISSUED BY THE THRISSUR CORPORATION. EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT DATED 24/10/2018 ISSUED BY THE THRISSUR CORPORATION. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 18/12/2018 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 20/12/2017 IN WPC NO.36018/2017. EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 13/03/2018 IN WPC NO.8389/2018. EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 04/04/2018 IN WPC NO. 10931/2018. EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 08/11/2018 IN WPC NO. 34014/2018.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

M/S.Um Assets Private Limited, v. the District Geologist

Case brief

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M/S.Um Assets Private Limited, v. the District Geologist

Case brief

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