Disposed

Abu Thahir.P.K v. the Senior Geologist

Kerala HC4 Feb 2021WP(C)/282/2021

Case brief

AI extract

What is this about?

The court directed the Additional Respondent II to consider and pass orders on the pending appeal against an order quashing the petitioner's quarrying permit within three weeks.

What did the court decide?

Direction to the Deputy Secretary, Industries Department, Thiruvananthapuram to consider and pass orders on Ext.P7 appeal within three weeks after hearing the petitioner, who must file copies of the p

Abu Thahir.P.K Vs the Senior Geologist — Kerala HC (2021) — LawSathi Research

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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.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

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WP(C).No.282 OF 2021(I)

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PETITIONER/S:

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ABU THAHIR.P.K.,AGED 44 YEARS S/O.KUHHALIKUTTY, PANDIKADAVATH HOUSE KARATHODU, OORAKAM, MELMURI MALAPPURAM DISTRICT

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BY ADVS. SRI.BABU S. NAIR SRI.S.K.SAJU

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RESPONDENT/S:

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1 THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT PIN 676 121

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Addl.R2 DEPUTY SECRETARY TO THE GOVERNMENT (DEPARTMENT OF INDUSTRIES) THIRUVANANTHAPURAM

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ADDL.R2 IS SUO MOTU IMPLEADED

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GP: SRI.PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.282 OF 2021(I)

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JUDGMENT

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The petitioner had approached this Court seeking a direction to the respondent to consider his applications for renewal of quarrying permit as also for the issuance of movement permit. In the writ petition it is the case of the petitioner that although the application for renewal of quarrying permit was submitted before the respondent well in time, no orders were passed thereon and as a result the petitioner was not able to continue the quarrying activity and remove the quarrying materials from his premises. During the pendency of the writ petition the respondent appears to have passed an order (Ext.P6) against the petitioner and immediately on receipt of the same the petitioner preferred Ext.P7 appeal before the Deputy Secretary to the Government (Department of Industries), Thiruvananthapuram. The only course of action available now is for directing the appellate authority before whom the petitioner has preferred Ext.P7 appeal to consider and pass orders on the same expeditiously, after hearing the petitioner.

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I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondent.

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On a consideration of the facts and circumstances of the case and the submissions made across the Bar, the writ petition is disposed with a direction to the Deputy Secretary to the Government (Department of Industries) Thiruvananthapuram, who is suo motu impleaded as the additional respondent in this writ petition, to consider and pass orders on Ext.P7 appeal within three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce copy of the writ petition together with a copy of this judgment before the additional 2^nd respondent for further action.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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WP(C).No.282 OF 2021(I)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY THIRUVANANTHAPURAM DATED, 28.4.2020

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EXHIBIT P2 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE RESPONDENT DATED, 3.6.2020 EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE RESPONDENT DATED, 19.10.2020

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EXHIBIT P4 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED, 20.10.2020

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EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT DATED, 21.12.2020 AS NO.D.O.M/M-2413/2019

Abu Thahir.P.K v. the Senior Geologist

Case brief

What is this about?

What did the court decide?

Abu Thahir.P.K v. the Senior Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

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