Saleem M., v. State of Kerala

Kerala HC25 Mar 2022WP(C)/2893/2022

Case brief

AI extract

What is this about?

The Court directed the 3rd respondent to consider the petitioner's application for renewal of a quarrying permit within ten days. The Court treated the petitioner's environmental clearance as valid until 4.4.2022, dismissing contentions that unrelated illegal quarrying proceedings impeded the renewal request.

What did the court decide?

Direction to the 3rd respondent to consider the petitioner's renewal application within ten days, treating the environmental clearance as valid until 4.4.2022.

What the court decided

AI extract

Outcome

Direction to the 3rd respondent to consider the petitioner's renewal application within ten days, treating the environmental clearance as valid until 4.4.2022.

Issue for consideration

Whether the petitioner's application for renewal of quarrying permit can be considered despite pending proceedings regarding illegal quarrying in a different property. +1 more

A compact analysis

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.

A compact analysis

Exhibit P1	THE TRUE COPY OF THE LAND TAX RECEIPT DATED 04/04/2019 IN RESPECT OF THE PROPERTY FOR THE YEAR 2019-2020 REMITTED BY THE PETITIONER TO THE 6TH RESPONDENT IN WHICH QUARRYING OPERATIONS CONDUCTED BY THE PETITIONER.
Exhibit P2	THE TRUE COPY OF THE PERMIT NO. 8/19- 20/MM/GBS/STP/1898/DOQ/S2/19 DATED 10/07/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P3	TRUE COPY OF THE LICENSE NO. A5-1878/19/2019-20 .75 DATED 03/05/2019 ISSUED BY THE SECRETARY, NEDUVATHOOR GRAMA PANCHAYATH TO THE PETITIONER.
Exhibit P4	THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE NO. 32COAPS179821ZJ DATED 27/12/2018 ISSUED BY THE OFFICER, GOODS AND SERVICE TAX TO THE PETITIONER.
Exhibit P5	THE TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO. B/DEIAA/2232/18 DATED 05/04/2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KOLLAM TO THE PETITIONER.
Exhibit P6	TRUE COPY OF THE INTEGRATED CONSENT NO. PCB/KO/CTO/R4/69/2018 DATED 11/05/2018 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM TO THE PETITIONER.
Exhibit P7	THE TRUE COPY OF THE EXPLOSIVE LICENSE NO. E/SC/KL/22/1306 (E61172) DATED 23/04/2018 ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM TO THE PETITIONER.
Exhibit P8	THE TRUE COPY OF THE CHELLAN RECEIPT NO.8 DATED 10/07/2019 REMITTED BY THE PETITIONER BEFORE THE DISTRICT TREASURY, KOLLAM.
Exhibit P9	THE TRUE COPY OF THE ORDER NO.1898/DOQ/S2/2019 DATED 23/09/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P10	THE TRUE COPY OF THE ORDER NO.2967/M4/2020 DATED 29/06/2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P11	THE TRUE COPY OF THE JUDGMENT DATED 14/09/2020 IN WPC NO. 18829/2020 OF THIS HON'BLE COURT.
Exhibit P12	THE TRUE COPY OF THE CHELLAN DATED 07/10/2020 REMITTED BY THE PETITIONER BEFORE THE DISTRICT TREASURY, KOLLAM.
Exhibit P13	THE TRUE COPY OF THE COMMUNICATION NO. 2466/DOQ/S2/2020 DATED 19/10/2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P14	THE TRUE COPY OF THE ORDER NO.250/2020- 21/DOQ/S2/2466/2020 DATED 1911/2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P15	THE TRUE COPY OF THE MEMO DATED 19/02/2021 SUBMITTED BY THE LEARNED GOVERNMENT PLEADER ALONG WITH THE REPORT OF THE 3RD RESPONDENT DATED 15/02/2021.
Exhibit P16	THE TRUE COPY OF THE JUDGMENT IN WPC NO.24148/2021 DATED 05/11/2021 OF THIS HON'BLE COURT.
Exhibit P17	THE TRUE COPY OF THE ORDER NO. 9057/M3/2021 DATED 29/11/2021 ISSUED BY THE 2ND RESPONDENT TO THE GEOLOGIST, THIRUVANANTHAPURAM.
Exhibit P18	THE TRUE COPY OF THE JUDGMENT IN WPC NO.27780/2020 DATED 13/12/2021 OF THIS HON'BLE COURT.
Exhibit P19	THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20/12/2021.
Exhibit P20	THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17/01/2022 AND THE ORDER OF THE 2ND RESPONDENT DATED 18/01/2022.
Exhibit P21	THE TRUE COPY OF THE ORDER NO.671/2021- 22/DOQ/S2/1898/2019 DATED 21/01/2022 OF THE ISSUED BY THE 3RD RESPONDENT.

Saleem M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Case details

Similar cases

Hamza.P, Vs the Revenue Divisional Officer, Ottapalam

Afsal Rasheed P. Vs the Revenue Divisional Officer, Ottapalam

Krishnan, Vs Director of Mining and Geology

Navas P.A Vs the Station House Officer

Saleem M., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Case details

Similar cases

Hamza.P, Vs the Revenue Divisional Officer, Ottapalam

Afsal Rasheed P. Vs the Revenue Divisional Officer, Ottapalam

Krishnan, Vs Director of Mining and Geology

Navas P.A Vs the Station House Officer

Coram

Muhammedkutty, Vs the Revenue Divisional Officer

Abdul Nazar Pulikkal Vs the Revenue Divisional Officer, Ottapalam