Allowed

Sebastian K.John v. Geologist

Kerala HC29 Jan 2019WP(C)/843/2019

Case brief

AI extract

What is this about?

The High Court quashed the notice challenging the exemption period, directed the Panchayat to issue the license in paper form effective from the date the petitioner requested, and ordered the Geologist Department to finalize the pending renewal application within a week if defects are cured.

What did the court decide?

Ext.P12 quashed; direction to 2nd respondent to issue license in paper form effective from 9.1.2019 within a week; direction to 1st respondent to finalize pending application.

Sebastian K.John Vs Geologist — Writ and Judicial Review | 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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TUESDAY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940

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WP(C).No. 843 of 2019

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PETITIONER:

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SEBASTIAN K.JOHN AGED 64 YEARS S/O. JOHN JOSEPH, RESIDING AT KATTAMALA PUTHENVEEDU, PANTHAPLAVU P.O., PATTAZHY VILLAGE, KOLLAM DISTRICT 691 522

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BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU

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RESPONDENTS:

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1 GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KESAVANIKETHAN, ASRAMAM, KOLLAM 691 002

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2 MYLOM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MYLOM P.O., KOTTARAKKARA 691 531

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R1 - SRI.PAUL ABRAHAM VAKKANAL,GOVERNMENT PLEADER R2- SRI.S.SREEKUMAR(KOLLAM)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 843 of 2019

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JUDGMENT

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Petitioner is a holder of quarrying permit in an extent of 0.9430
Hectares of property situate in Sy.Nos.429/7 and 429/8 of Mylom
Village. Since the D&O license initially granted was due to expire on
8.1.2019, petitioner sought renewal of the D&O license on
28.11.2018. According to the petitioner, no action was initiated on the
application submitted by the petitioner for renewal, and thereupon, a
deemed license is accrued to the petitioner, in accordance with
Section 236(3) of the Kerala Panchayat Raj Act, 1994 (for short, 'the
Act, 1994). Petitioner seeks a direction to the 2nd respondent to issue
the license in paper form effective from 9.1.2019. It is also the
contention of the petitioner that, Ext.P12 communication issued by
the Panchayat is dated 7.1.2019 ie. after the period of 30 days
prescribed under Section 236(3) of Act, 1994. It is thus challenging
Ext.P12, this writ petition is filed.

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2.However, today when the matter is taken up, learned
counsel appearing for the Panchayat submitted that, Panchayat is
prepared to issue a license to the petitioner. It is also, the case of the
petitioner that Ext.P11 application submitted by the petitioner before
the 1st respondent is pending consideration.

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3.Having heard learned counsel for the petitioner, learned
Government Pleader as well as learned Standing Counsel for the

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WP(C).No. 843 of 2019

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Panchayat, Ext.P12 is quashed and there will be a direction to the
Secretary of the Panchayat to issue a license to the petitioner in
paper form, effective from 9.1.2019, and in accordance with the
period sought for in the application submitted by the petitioner, at
the earliest possible, and at any rate, within a week from the date of
receipt of a copy of this judgment.

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4.Learned Government Pleader pointed out that, Ext.P11
application submitted by the petitioner is defective. In that view of
the matter, if there is any defect remaining, the petitioner will be at
liberty to cure the defect, in accordance with law. However, there
will be a direction to the 1st respondent to finalize Ext.P11 application
if petitioner rectifies defects and produce necessary documents,
enabling the 1st respondent to process the application, in accordance
with law, at the earliest possible.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

ska 30.1.19

WP(C).No. 843 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF AGREEMENT DATED 28.8.2017 BETWEEN SMT. SASIKALA AND PETITIONER
EXHIBIT P2	TRUE COPY OF ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 16.3.2018
EXHIBIT P3	TRUE COPY OF CONSENT TO OPERATE QUARRY FROM THE POLLUTION CONTROL BOARD ON 12.4.2018
EXHIBIT P4	TRUE COPY OF D & O LICENSE DATED 3.5.2018 FOR THE PERIOD UP TO 8.1.2019
EXHIBIT P5	TRUE COPY OF QUARRYING PERMIT DATED 31.10.2018
EXHIBIT P6	TRUE COPY OF SHOT FIRER'S CERTIFICATE DATED 15.11.2018
EXHIBIT P7	TRUE COPY OF MOVEMENT PERMIT DATED 1.1.2019 ISSUED BY FIRST RESPONDENT
EXHIBIT P8	TRUE COPY OF AGREEMENT DATED 22.6.2018
EXHIBIT P9	TRUE COPY OF INTERIM ORDER DATED 20.12.2018 IN WPC NO. 41906/2018
EXHIBIT P10	TRUE COPY OF RECEIPT DATED 28.11.2018
EXHIBIT P11	TRUE COPY OF APPLICATION DATED 7.1.2019
EXHIBIT P12	TRUE COPY OF NOTICE DATED 7.1.2019 ISSUED BY 2ND RESPONDENT
EXHIBIT P13	TRUE COPY OF NOTICE DATED 10.1.2019 ISSUED BY 2ND RESPONDENT

Sebastian K.John v. Geologist

Case brief

What is this about?

What did the court decide?

Sebastian K.John v. Geologist

Case brief

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