Disposed

G.K.Granites Limited v. the Director of Mining and Geology

Kerala HC15 Dec 2020WP(C)/6471/2020

Case brief

AI extract

What is this about?

This judgment disposed of three connected writ petitions concerning quarrying activities and stock removal by G.K.Granites Limited. The court, after reviewing prior directions and pending challenges regarding illegal mining activities, did not dispose of the merits but deferred the decision to the Director of Mining and Geology.

What did the court decide?

The matter was referred to the Director of Mining and Geology to decide on the removal of granite stock within three weeks.

G.K.Granites Limited Vs the Director of… — Constitutional and Fundamental Rights | 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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942 WP(C).No.6471 OF 2020(H)

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PETITIONER/S:

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G.K.GRANITES LIMITED, VELLAVOOR P.O., KOTTAYAM DISTRICT, PIN-686 541, REPRESENTED BY THE MANAGING DIRECTOR, SRI.GEORGE ANTONY, KIZHAKKAMBALAM P.O., KUNNATHUNAD, ERNAKULAM DISTRICT, PIN-683 562.

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BY ADV. SRI.N.JAMES KOSHY

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RESPONDENT/S:

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1 THE DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANATHAPURAM-695 004.

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2 THE ADDITIONAL DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANATHAPURAM-695 004.

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3 THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM, KOTTAYAM COLLECTORATE P.O., PINCODE-686 002

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4 THE TAHSILDAR, TALUK OFFICE, CHANGANASSERY, PIN-686 101.

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ADDL.R5 C.M.MATHEW, CHAKKITTAMURIYIL HOUSE, INDUSTRIAL NAGAR P.O., CHANGANASSERY, KOTTAYAM-686 106. (IS IMPLEADED AS PER ORDER DATED 2.7.2020 IN I.A.1/2020)

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R1-4 BY GOVERNMENT PLEADER, SRI.Y.JAFARKHAN R5 BY ADV. K.C.VINCENT

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WP(C).12736/2020(N), WP(C).21733/2020(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6471/2020 and conn.cases 2

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

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WP(C).No.12736 OF 2020(N)

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PETITIONER/S:

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C.M.MATHEW, AGED 60 YEARS, CHAKKITTAMURIYIL HOUSE, INDUSTRIAL NAGAR P.O., CHANGANASSERY, KOTTAYAM-686 106.

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BY ADVS. SRI.ROY CHACKO SRI.K.C.VINCENT

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695 001.

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3 THE GEOLOGIST, OFFICE OF THE DISTRICT GEOLOGIST, KOTTAYAM-686 001.

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4 THE TAHSILDAR (RECORDS), TALUK OFFICE, CHANGANASSERY-686 101.

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5 THE VILLAGE OFFICER, VELLAVOOR, KOTTAYAM DISTRICT-686 101.

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6 THE STATION HOUSE OFFICER, POLICE STATION, MANIMALA-686 543.

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7 G.K. GRANITES LIMITED, KIZHAKKAMBALAM P.O., ERNAKULAM-683 582, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.GEORGE ANTONY.

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WP(C).No.6471/2020 and conn.cases 3

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8 GEORGE ANTONY, KUREECKAL HOUSE, KIZHAKKAMBALM, KUNNATHUNADU P.O., ERNAKULAM-683 582.

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9 DR. C.K. BAIJU, DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695 001.

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10 B. AJAYAKUMAR, GEOLOGIST, OFFICE OF THE DISTRICT GEOLOGIST, KOTTAYAM-686 001.

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R7-8 BY ADV. SRI.N.JAMES KOSHY R7-8 BY ADV. SRI.T.SANJAY

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BY GOVERNMENT PLEADER, SRI.Y JAFFAR KHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WP(C).6471/2020(H), WP(C).21733/2020(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6471/2020 and conn.cases 4

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

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WP(C).No.21733 OF 2020(N)

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PETITIONER/S:

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G.K.GRANITES PUBLIC LIMITED, VELLAVOOR P.O, KOTTAYAM DISTRICT, PIN-686 541, REPRESENTED BY THE MANAGING DIRECTOR, SRI.GEORGE ANTONY, KIZHAKKAMBALAM P.O, KUNNATHUNAD, ERNAKULAM DISTRICT, PIN-683 562.

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BY ADVS. SRI.N.JAMES KOSHY SRI.T.SANJAY

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RESPONDENT/S:

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1 THE DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O, THIRUVANANTHAPURAM 695 004

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2 THE SENIOR GEOLOGIST, DEPARTMENT MINING AND GEOLOGY, KOTTAYAM, KOTTAYAM COLLECTORATE P.O, PIN-686 002.

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3 THE TAHSILDAR, TALUK OFFICE, CHANGANASSERY, PIN-686 101.

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ADDL.R4 C.M.MATHEW, AGED 59 YEARS, CHAKKITTAMURIYIL HOUSE, INDUSTRIAL NAGAR P.O., CHANGANASERY, KOTTAYAM683362. (IS IMPLEADED AS PER ORDER DATED 15.12.2020 IN I.A.NO.1 OF 2020)

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R4 BY ADV. K.C.VINCENT

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BY GOVERNMENT PLEADER, SRI.Y JAFFAR KHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.12.2020, ALONG WITH WP(C).6471/2020(H), WP(C).12736/2020(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6471/2020 and conn.cases 5

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JUDGMENT

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[WP(C).6471/2020, WP(C).12736/2020, WP(C).21733/2020] Dated this the 15th day of December 2020

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The genesis of the dispute, in this case, at

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present, originates from the direction given by this Court in W.P.(C) No.25746/2018 filed by the writ petitioner in W.P.(C) No.12736/2020.

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The controversy is in regard to the mining conducted by G.K.Granites Limited, the petitioner in W.P.(C) Nos.21733/2020 and 6471/2020. These writ petitions can be disposed of by a common judgment. W.P. (C) No.25746/2018 filed by the petitioner in W.P.(C) No.12736/2020 was disposed of on 05.12.2019 along with the connected matter in other cases. The operative

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portion of the judgment is recorded herewith:

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“ The afore exercise shall be completed comprehensively by the Director of Mining and Geology as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment; and until which time, though the company

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WP(C).No.6471/2020 and conn.cases 6

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will be entitled to continue with their quarrying activities, it will be subject to further orders to be issued by the Director in terms of this judgmentincluding as to whether the Lease or the Environmental Clearance will require to be cancelled or otherwise.

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Needles to say, any further quarrying activity being carried on by the Company will be limited exclusively to the area which has now been delimited by the Geologist in the report now filed before this Court and any violation thereof shall be met with all necessary consequences under the law to its fullest extent.

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It goes without saying that the directions above are to be complied with by the Director of Mining and Geology, himself without delegating it to any other officer; and that necessary orders shall also be issued by the said Authority alone.”

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3. Purportedly acting on the direction, the

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Director of Mining and Geology passed an order on

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04.06.2020. Consequently, an order was also passed by

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the District Geologist, Kottayam. A Contempt Case was initiated before this Court by the writ petitioner in W.P.(C) No.12736/2020. Pursuant to the initiation of

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the Contempt Case, the orders of the Director of Mining and Geology as well as the Geologist, were withdrawn.

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WP(C).No.6471/2020 and conn.cases 7

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W.P.(C) No.12736/2020 was filed challenging those

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orders of the Director of Mining and Geology and the District Geologist, Kottayam. Though other prayers were also sought in W.P.(C) No.12736/2020, those prayers may

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not have a bearing, at this stage. The main challenge is the orders passed by the Director of Mining and Geology and the District Geologist, Kottayam. Both orders now stand withdrawn.

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The petitioner in W.P.(C) No.21733/2020 approached this Court for the reason that subsequent order passed by the Director of Mining and Geology on 14.9.2020 was pursuant to the direction of this Court in the judgment in W.P.(C) No.25746/2018 and connected case. The Director, taking note of the subsequent challenge made by the petitioner, declined the request to remove the stock of granite. The case of the writ petitioner in W.P.(C) No.21733/2020 is that they have effected payment of Rs.50,48,080/- and based on that they are entitled to remove the stock.

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WP(C).No.6471/2020 and conn.cases 8

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The Director of Mining and Geology has not

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taken a final decision in the matter. There is no

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difficulty for the Director to pass final orders in accordance with law.

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The learned counsel for the petitioner in W.P. (C) No.12736/2020, placing reliance on Joby v. District Collector [2017 (1) KLT 183] argued that the petitioner in W.P.(C) No.21733/2020 cannot be allowed to remove illegally extracted granite stone from the mining premises.

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The learned counsel appearing for the petitioner in W.P.(C) No.21733/2020, placing reliance on Common Cause v. Union of India and Others [(2020) 8 SCC 399] argued that as per the dictum of the Apex Court, they are entitled to remove the stock. I relegate this matter to the Director to take a decision, after adverting to the decisions cited at the Bar by the learned counsel for the petitioners. Appropriate decision shall be taken within a period of

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WP(C).No.6471/2020 and conn.cases 9

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three weeks, after hearing the writ petitioners. Accordingly, all these writ petitioners are disposed of. All other contentions urged in the writ petitions are left open.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.6471/2020 and conn.cases 10

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 17/3098/M3/2016 D 1ST RESPONDENT TO	ORDER NO.355/2016- ATED 27.08.2016 ISSUED BY THE THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE 24.11.2016 IS EXE KERALA.	QUARRYING LEASE DATED CUTED BETWEEN GOVERNOR OF
EXHIBIT P3	TRUE COPY OF THE 03.09.2019 ISSUED PETITIONER.	ORDER NO.1009/DOY/2018 DATED BY THE 3RD RESPONDENT TO THE
EXHIBIT P4	TRUE COPY OF THE 17.09.2019 ISSUED OFFICER, VELLAVOO	CERTIFICATE NO.810/019 DATED TO THE PETITIONER BY VILLAGE R.
EXHIBIT P5	TRUE COPY OF THE DATED 19.09.2019 THE TAHSILDAR, CH	CERTIFICATE NO.E2-3427/18 ISSUED TO THE PETITIONER BY ANGANASSERY.
EXHIBIT P6	TRUE COPY OF THE IN W.P(C)NO.30579 HIGH COURT OF KER	INTERIM ORDER DATED 15.11.2019 /2019 PASSED BY THE HON'BLE ALA.
EXHIBIT P7	TRUE COPY OF THE DATED 16.11.2019 TO THE PETITIONER	NOTICE NO.2967/DOY/ML/2019 ISSUED BY THE 3RD RESPONDENT .
EXHIBIT P8	TRUE COPY OF THE 26.11.2019 ISSUED CHENGANASSERY TO	LETTER NO.E2-3427/18 DATED BY THE TAHSILDAR, THE 3RD RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE NO.30579/2019 DAT HIGH COURT OF KER	JUDGMENT IN W.P(C) ED 05.12.2019 OF THE HON'BLE ALA.
EXHIBIT P10	TRUE COPY OF THE 27.12.2019 SUBMIT THE 3RD RESPONDEN	REPRESENTATION DATED TED BY THE PETITIONER BEFORE T.
EXHIBIT P11	TRUE COPY OF THE 03.04.2019 ISSUED PETITIONER.	ORDER NO.3184/M3/2019 DATED BY THE 1ST RESPONDENT TO THE

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WP(C).No.6471/2020 and conn.cases 11

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EXHIBIT	P12 TRUE COPY OF THE FORM L REGISTRATION CERTIFICATE NO.136/2019- 20/RMCU/KTM/3184/M3/2019 DATED 03.04.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT	P13 TRUE COPY OF THE CERTIFICATE OF THE CONSOLIDATED ROYALTY PAYABLE FOR RS.32,00,000/- FOR THE PERIOD FROM 03.04.2019 TO 31.03.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT	P14 TRUE COPY OF THE CHALLAN RECEIPT DATED 30.03.2019 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT	P15 TRUE COPY OF THE DETAILS OF THE BUILDING STONE COLLECTED BY THE PETITIONER AFTER EXHIBIT P9 JUDGMENT DATED 05.12.2019.
EXHIBIT	P16 TRUE COPY OF THE REPRESENTATION DATED 19.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT	P17 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 19.02.2020 BEFORE THE 1ST RESPONDENT AND PASSED WRITTEN ORDER ON THE SAID REPRESENTATION.
EXHIBIT	P17A COPY OF THE TYPED/READABLE COPY OF THE WRITTEN ORDER DATED 19.02.2020 OF THE 1ST RESPONDENT.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R5(a) A COPY OF THE COMMUNICATION DATED 20/2/2020 ISSUED FROM THE OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY.

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WP(C).No.6471/2020 and conn.cases 12

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RELATING TO RE-SU	TAX RECEIPT DATED 6.9.2016, RVEY 312/1
EXHIBIT P1 (A)	TRUE COPY OF THE RELATING TO RE-SU	TAX RECEIPT DATED 6.9.2016, RVEY 312/3-1.
EXHIBIT P2	TRUE COPY OF THE FAVOR OF THE 7TH	LEASE DEED DATED 24.11.2016 IN RESPONDENT
EXHIBIT P3	TRUE COPY OF THE WPC NOS 25746 OF	JUDGMENT DATED 5.12.2019 IN 2018 AND 30579 OF 2019
EXHIBIT P4	TRUE COPY OF THE OF THE DIRECTOR O 20.2.2020 ADDRESS RECEIVED ON 25.2.	COMMUNICATION FROM THE OFFICE F MINING AND GEOLOGY DATED ED TO THE PETITIONER AND 2020
EXHIBIT P5	TRUE COPY OF THE OF THE DIRECTOR O 20.2.2020 SENT TO OFFICER AND THE G	COMMUNICATION FROM THE OFFICE F MINING AND GEOLOGY DATED THE REVENUE DIVISIONAL EOLOGIST, KOTTAYAM.
EXHIBIT P6	TRUE COPY OF THE OF 2020 DATED 12.	INTERIM ORDER IN WPC NO 6471 3.2020.
EXHIBIT P7	TRUE COPY OF THE	ARGUMENT NOTES DATED 14.5.2020
EXHIBIT P8	TRUE COPY OF THE MINING AND GEOLOG	PROCEEDINGS OF THE DIRECTOR OF Y DATED 4.6.2020.
EXHIBIT P9	TRUE COPY OF THE DATED 18.6.2020.	PROCEEDINGS OF THE GEOLOGIST
EXHIBIT P10	TRUE COPY OF THE MINING AND GEOLOG	PROCEEDINGS OF THE DIRECTOR OF Y DATED 16/6/2020.
EXHIBIT P11	TRUE COPY OF THE ISSUED BY THE GK	TAX INVOICE DTED 25/6/2020 GRANITES LIMITED.
EXHIBIT P12	TRUE COPY OF THE CHANGANASSERY, IN O.S.NO.348 OF 201	ORDER OF THE MUNSIFF COURT, I.A. NO.1477 OF 2019 IN 9 DATED 31.01.2020.

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WP(C).No.6471/2020 and conn.cases 13

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER NO. 355/2016- 17/3098/M3/2016 DATED 27-08-2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE QUARRYING LEASE DATED 24-11- 2016 IS EXECUTED BETWEEN GOVERNOR OF KERALA AND THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE ORDER NO. 1009/DOY/2018 DATED 03-09-2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE OF THE CERTIFICATE NO. 810/19 DATED 17-09-2019 ISSUED TO THE PETITIONER BY VILALGE OFFICER, VELLAVOOR.
EXHIBIT P5	TRUE COPY OF THE CERTIFICATE NO. E2-3427/18 DATED 19-09-2019 ISSUED TO THE PETITIONER BY TAHSILDAR, CHANGANASERY.
EXHIBIT P6	TRUE COPY OF THE INTERIM ORDER DATED 15-11-2019 IN W.P(C) NO. 30579/2019 PASSED BY THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P7	TRUE COPY OF THE NOTICE NO. 2967/DOYML/2019 DATED 16-11-2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P8	LETTER NO. E2-3427/18 DATED 26-11-2019 ISSUED BY THE TAHSILDAR, CHENGANASSERY TO THE 2ND RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 30579/2019 OF THE HON'BLE HIGH COURT OF KERALA DT 5/12/2019.
EXHIBIT P10	TRUE COPY OF THE REPRESENTATIOND ATED 27-12-2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P11	TRUE COPY OF ORDER NO. 3184/M3/2019 DATED 03-04- 2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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WP(C).No.6471/2020 and conn.cases 14

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EXHIBIT P12	TRUE COPY OF THE FORM L REGISTRATION CERTIFICATE NO.1 36/2019-20/RMCU/KTM/3184/M3/2019 DATD 03- 04-2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P13	TRUE COPY OF THE CERTIFICATE OF THE CONSOLIDATED ROYALTY PAYABLE FOR RS. 32,00,000/- FOR THE PERIOD FROM 03-04-2019 TO 31-03-2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P14	TRUE COPY OF THE CHALLAN RECEIPT DATED 30-03- 2019 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P15	TRUE COPY OF THE REPRESENTATIOND ATED 19-02-2020 SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE 1ST RESPONDENT.
EXHIBIT P16	TRUE COPY OF THE INTERIM ORDER DATED 12-03-2020 IN W.P(C) NO. 6471/2020 OF THE HON'BLE HIGH COURT OF KERALA
EXHIBIT P17	TRUE COPY OF THE ORDER NO. 83/2020-21, 12170/M3/2019/DMG DATED 04-06-2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P18	TRUE COPY OF THE JUDGMENT DATED 03-08-2020 IN CONT.CASE (C) NO.879/2020 IN W.P(C) NO. 25746/2018 OF THE HON'BLE HIGH COURT OF KERALA
EXHIBIT P19	TRUE COPY OF THE DEMAND NOTICE NO. 1009/DOY/EM/2018 DATED 17-08-2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P20	TRUE COPY OF THE LETTER DATED 14-09-2020 SENT BY THE PETITIONER TO THE 11ST RESPONDENT
EXHIBIT P21	TRUE COPY OF THE ORDER NO. 228/2020- 21/12170/M3/2019/DMG DATED 14-09-2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P22	TRUE COPY OF THE REPORT NO 333/DOY/ML/2016 DATED 23-08-2020 FROM 2ND RESPONDENT GEOLOGIST TO 2ND RESPONDENT DIRECTOR OF MINING GEOLOGY.

G.K.Granites Limited v. the Director of Mining and Geology

Case brief

What is this about?

What did the court decide?

G.K.Granites Limited v. the Director of Mining and Geology

Case brief

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