Petitioner challenged the Geologist's refusal to extend a mining permit. The Court held that since the permit period had already expired, further proceedings were infructuous. The petition was dismissed as infructuous.
Writ petition dismissed as infructuous, liberty to pursue other remedies given.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 13TH DAY OF JUNE 2019 / 23RD JYAISHTA, 1941
WP(C).No. 6250 of 2019
PETITIONER:
ISSAC GEORGE AGED 68 YEARS S/O. GEORGE KUTTY, MADATHI VILAYIL, EDAYKKADU P.O., EDAKKAD, PORUVAZHI, KOLLAM.
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL
RESPONDENTS:
WP(C).No. 6250 of 2019 2
9 MANU., THENNOORVILA, EDAKKAD, EDAKKAD P.O., PORUVAZHY, KUNNATHOOR, KOLLAM-691013.
10 MADHAVAN PILLAI, THONDATHIL THEKKATHIL, EDAKAKD, EDAKKAD P.O., PORUVAZHY, KUNNATHOOR, KOLLAM. - REMOVE R10 FROM THE PARTY ARRAY OF RESPONDENTS AS PER ORDER DATED 20/03/2019 IN IA NO.1/2019 IN WPC 6250/2019.
SR.GP.SRI.P.P.THAJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6250 of 2019 3
JUDGMENT
Vinod Chandran, J.
We see that Ext P1 permit period has
already expired. The learned counsel for the petitioner also tells us that the Geologist has refused to extend the permit and he has approached this Court with a Writ Petition against such refusal. We hence, dismiss the above Writ Petition as infructuous, leaving the liberty of the petitioner to pursue his other remedies.
K.VINOD CHANDRAN, JUDGE
V.G.ARUN, JUDGE
cms
WP(C).No. 6250 of 2019 4
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 | TRUE COPY OF THE THE PROPOSED RESI |
BUILDING PERMIT OF DENTIAL BUILDING. |
|---|---|---|---|
| EXHIBIT | P2 | TRUE COPY OF THE OF THE PROPERTY. |
DEVELOPMENT PERMIT |
| EXHIBIT | P3 | TRUE COPY OF THE THE GEOLOGIST KOL 15/2/2019. |
ORDER ISSUED BY LAM DATED |
| EXHIBIT | P4 | TRUE COPY OF THE PAYMENT OF ROYALT |
CHELLAN RECEIPT OF Y. |
| EXHIBIT | P5 | TRUE COPY OF THE THE VILLAGE OFFIC |
REPORT PREPARED BY ER PORUVAZHY. |
| EXHIBIT | P6 | PHOTOGRAPH OF THE IS GOING ON. |
SITE WHERE WORK |
| EXHIBIT | P7 | PHOTOGRAPH OF THE IS GOING ON. |
SITE WHERE WORK |
| EXHIBIT | P8 | TRUE COPY OF THE SUBMITTED BEFORE INSPECTOR OF POLI |
COMPLAINT THE CIRCLE CE SASTHAMCOTTA. |
| EXHIBIT | P9 | TRUE COPY OF THE SUBMITTED BEFORE OF POLICE SOORANA |
COMPLAINT THE SUB INSPECTOR DU POLICE STATION. |
| EXHIBIT | P10 | TRUE COPY OF THE PROPERTY. |
TITLE DEED OF THE |
| EXHIBIT | P11 | TRUE COPY OF THE TRANSPORTING RED |
PASS ISSUED FOR EARTH NO.1. |
| EXHIBIT | P12 | TRUE COPY OF THE TRANSPORTING RED |
PASS ISSUED FOR EARTH NO.2. |
| EXHIBIT | P13 | TRUE COPY OF THE TRANSPORTING RED |
PASS ISSUED FOR EARTH NO.3. |
| RESPONDE | NTS EXTS | NIL | |
cms |
/TRUE COPY/ |
P.S.TO JUDGE |
1 issue framed by the court
Whether the Writ Petition challenging the refusal to extend a mining permit is maintainable after the permit period has expired.
ISSAC GEORGE
DISTRICT COLLECTOR, KOLLAM
GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY
THAHASILDHAR, KOLLAM DISTRICT
DEPUTY SUPERINTENDENT OF POLICE, KOTTARAKKARA
VILLAGE OFFICER, PORUVAZHY
K.Vinod Chandran
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
