Disposed

Abdul Muhasin K.P. v. the Senior Geologist

Kerala HC4 Feb 2021WP(C)/309/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking renewal of a quarrying permit. It directed the Deputy Secretary (Industries) to consider the petitioner's appeal and pass orders within three weeks after hearing.

What did the court decide?

Direction to the Deputy Secretary (Department of Industries) to consider and pass orders on the appeal within three weeks after hearing the petitioner.

Abdul Muhasin K.P. Vs the Senior… — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶4

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

¶5

WP(C).No.309 OF 2021(K)

¶6

PETITIONER/S:

¶7

ABDUL MUHASIN K.P.,AGED 32 YEARS S/O.SAIDALAVI HAJI, KARATTUPURAYIL HOUSE PALLIKKAL P.O., MALAPPURAM DISTRICT.

¶8

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

¶9

RESPONDENT/S:

¶10

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

¶11

OTHER PRESENT:

¶12

GP: SRI.PAUL ABRAHAM VAKKANAL

¶13

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

¶14

WP(C).No.309 OF 2021(K)

¶15

¶16

JUDGMENT

¶17

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.

¶18

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

¶19

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.

¶20

Sd/-

¶21

A.K.JAYASANKARAN NAMBIAR JUDGE

¶22

¶23

WP(C).No.309 OF 2021(K)

¶24

¶25

APPENDIX

¶26

PETITIONER'S/S EXHIBITS:

¶27

EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, THIRUVANANTHAPURAM DATED 28.04.2020. EXHIBIT P2 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE RESPONENT DATED 18.05.2020. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 20.10.2020.

¶28

EXHIBIT P4 TRUE COPY OF THE CHALAN RECEIPT DATED 21.10.2020 EVIDENCING THE PAYMENT OF APPLICATION FEE. EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT DATED 31.12.2020 AS NO.DOM/M-1836/2018. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 13.01.2021 PASSED BY THE RESPONDENT AS NO.176/202021/LS/DOM/M-1836/2018

¶29

EXHIBIT P7 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF INDUSTRIES, TRIVANDRUM DATED 03.02.2021

¶30

EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT ISSUED BY THE POST DEPARTMENT DATED 03.02.2021

Abdul Muhasin K.P. v. the Senior Geologist

Case brief

What is this about?

What did the court decide?

Abdul Muhasin K.P. v. the Senior Geologist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Akshara Shyju Vs Kerala State Election Commission

Binu George Vs Neduvathoor Grama Panchayath

Sukumaran Vs the District Collector

Thottimukathu Alavi Vs State of Kerala

Abu Thahir.P.K Vs the Senior Geologist

M/S Sanroyal Builders and Contractors Pvt.Ltd Vs Adat Grama Panchayat