A writ petition challenging the refuseal to issue a sketch for a quarrying permit renewal. The court directed the respondent to consider the application and act expeditiously within three weeks.
Direction to respondent to consider Exhibit P6 and determine an appropriate sketch application within three weeks of receiving this judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942 WP(C).No.25826 OF 2020(C)
PETITIONER:
CRYSTAL AGGREGATES PRIVATE LIMITED III/179, KUTTICHIRA, VILANGUPARA, OORAMANA P.O., ERNAKULAM DISTRICT-686 730, REPRESENTED BY MANAGING DIRECTOR, STEPHEN JOSEPH, AGED 51 YEARS, S/O. JOSEPH, EASWARASEVA BUILDING, THRIPUNITHURA, ERNAKULAM-682 301.
BY ADVS. SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT SRI.M.A.AHAMMAD SAHEER SRI.P.B.MUHAMMED AJEESH
RESPONDENT:
THE THAHSILDAR MUVATTUPUZHA TALUK, TALUK OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661.
SRI BIMAL K NATH SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25826 OF 2020
2
JUDGMENT
For the purpose of renewing the quarrying permit issued to the petitioner under the Kerala Minor Mineral Concession Rules, 2015, he is stated to have submitted Exhibit P6 application before the respondent seeking for the issuance of a sketch in respect of the property covered therein. His grievance concerns the refusal on the part of the respondent to issue the sketch as requested for.
appearing for the petitioner and the learned senior Government pleader.
The petitioner shall produce a copy of the writ petition along with the judgment before the respondent to ensure compliance.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
WP(C).No.25826 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE QUARRYING PERMIT DATED 1.3.2019 ISSUED BY THE GEOLOGIST, ERNAKULAM DISTRICT.
EXHIBIT P2 THE TRUE COPY OF THE D & o LICENSE DATED 1.4.2019 ISSUED BY THE RAMAMANGALAM GRAMA PANCHAYATH. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 3.7.2019 IN WPC NO.12840/2019. EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED 20.1.2020 SUBMITTED BY THE PETITIONER COMPANY BEFORE THE 2ND RESPONDENT. EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 5.11.2020 IN WPC NO.22335/2020 OF THIS HON'BLE COURT.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 18.11.2020 SUBMITTED BY THE PETITIONER COMPANY BEFORE THE RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL
1 issue framed by the court
Whether the respondent is directed to consider the petitioner's application and issue a sketch for the quarry property within a specified timeframe.
CRYSTAL AGGREGATES PRIVATE LIMITED
THE THAHSILDAR MUVATTUPUZHA TALUK
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
