Disposed

V.P.Paulose v. the Geologist, District Office, Department of Mining and Geology

Kerala HC6 Feb 2020WP(C)/1255/2020

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala directed the Geologist to consider the petitioner's application for excavating earth within 45 days if the required documents under the Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 2015 were submitted.

What did the court decide?

The Respondent Geologist to consider the application and pass orders within 45 days if proper documents are submitted within two weeks.

V.P.Paulose Vs the Geologist, District Office… — Mining and Natural Resources | Kerala HC (2020)

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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 AMIT RAWAL

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THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947

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WP(C).No.1255 OF 2020(F)

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PETITIONERS:

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1 V.P.PAULOSE AGED 52 YEARS S/O.PAPPU, VITHAYATHIL HOUSE, NAYATHODU P.O., CHETHICODE, ANGAMALY, ERNAKULAM-683 572.

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2 ANNIE PAULOSE AGED 48 YEARS W/O.V.P.PAULOSE, NAYATHODE P.O., CHETHICODE, ANGAMALY, ERNAKULAM-683 572.

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BY ADVS. SRI.SADCHITH.P.KURUP SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SRI.C.P.ANIL RAJ

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RESPONDENT:

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THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM-682 030.

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OTHER PRESENT:

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GP SRI MANURAJ KJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1255 OF 2020(F)

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..2..

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JUDGMENT

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The petitioner approaches this court seeking a direction to the 3^rd respondent Geologist to consider Ext.P3 application dated 09.01.2020 for excavating earth from the property made mention of in Ext.P3 by issuing necessary permits. The learned counsel for the petitioner submits that the petitioner has already obtained a building permit, which is renewed up to 25.07.2022. The learned Government Pleader submits that Ext.P3 application is not in the prescribed form and nor accompanied by certain necessary documents.

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The learned counsel for the petitioner submits that the said documents, which are to be produced, as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rule 4 of Kerala Minor Mineral Concession Rules, 2015 shall be moved. In case, such documents are moved within a period of two weeks from the date of receipt of a certified copy of this judgment, along with the application in proper form, the 3^rd respondent Geologist

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WP(C).No.1255 OF 2020(F)

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..3..

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will consider and pass orders on the said application within a period of 45 days.

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The above submission is recorded and this Writ Petition is

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disposed of in terms of the above submission.

Sd/JUDGE

AMIT RAWAL,

kkj/06.06.2020

WP(C).No.1255 OF 2020(F)

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..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF BUILDING PERMIT DATED 26.07.2016. EXHIBIT P2 COPY OF APPLICATION DATED 26.08.2016 GIVEN TO THE RESPONDENT. EXHIBIT P3 COPY OF APPLICATION DATED 09.01.2020 GIVEN TO THE RESPONDENT.

V.P.Paulose v. the Geologist, District Office, Department of Mining and Geology

Case brief

What is this about?

What did the court decide?

V.P.Paulose v. the Geologist, District Office, Department of Mining and Geology

Case brief

What is this about?

What did the court decide?

What the court decided

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