The Court directed the respondent to consider Ext. P6 application for No Objection Certificate renewal and pass an order within two months after hearing, without commenting on the validity of guidelines G.O.(Ms).No.28/2021/RD.
Respondent directed to consider Ext. P6 application and pass order within two months after hearing.
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 T.R.RAVI
TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944
WP(C) NO. 33207 OF 2022
PETITIONER:
M/s.KAYANADAN STONES NO.215/1.SGM ARCADE, MARADY P.O., MUVATTUPUZHA, ERNAKULAM, REPRESENTED BY ITS PARNTER.
BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH
RESPONDENT:
THE DISTRICT COLLECTOR, ERNAKULAM OFFICE OF THE COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD-682 030
SRI.ASWIN SETHUMADHAVAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33207 OF 2022 2
T.R. RAVI, J.
W.P.(C.).No.33207 of 2022
Dated this the 29th day of November, 2022
JUDGMENT
Admit. Government Pleader takes notice for respondent.
2 . The prayer in the writ petition is for a direction to the respondent to renew No Objection Certificate without reckoning the guidelines No.G.O.(Ms).No.28/2021/RD dated 28.01.2021 issued by the Government.
3 . The Government Pleader on instructions submits that Ext.P6 request for renewal can be considered, but the request that the guidelines should not be looked into cannot be justified.
In the above circumstances, the writ petition is disposed of directing the respondent to consider and pass order on Ext. P6 application after hearing the petitioner, at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment. This Court is not making any observation regarding the validity or otherwise of the guidelines dated 28.01.2021.
Sd/- T.R.RAVI JUDGE
LEK
WP(C) NO. 33207 OF 2022 3
APPENDIX OF WP(C) 33207/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF NOC ISSUED BY THE TAHSILDAR TO THE PETITIONER DATED 8.5.2007 |
|---|---|
| Exhibit P2 | TRUE COPY OF THE RELEVANT PAGES OF MINERAL CONCESSION DT 8.6.2007 EXECUTED BETWEEN SRI. C.V.SUNNY AND THE COMPETENT AUTHORITY. |
| Exhibit P3 | TRUE COPY OF LETTER DT 12.12.2018 ISSUED BY THE DISTRICT COLLECTOR THE DISTRICT GEOLOGIST FOR TRANSFERRING THE MINERAL CONCESSION. |
| Exhibit P4 | TRUE COPY OF PROCEEDINGS OF THE COMPETENT AUTHORITY DATED 29.12.2018 |
| Exhibit P5 | TRUE COPY OF THE DEED DT 7.1.2019 TRANSFERRING MINERAL CONCESSION IN FAVOUR OF THE PETITIONER |
| Exhibit P6 | TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER, WHICH IS NUMBERED AS 4088/2019 |
| Exhibit P7 | TRUE COPY OF REPORT SUBMITTED BY THE REVENUE DIVISIONAL OFFICER, DATED 2.6.2021 |
| Exhibit P8 | TRUE COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER, DATED 2.7.2020 |
| Exhibit P9 | TRUE COPY OF REPORT SUBMITTED BY THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BEARING NO.DB-A1/2020 |
| Exhibit P10 | TRUE COPY OF REPORT SUBMITTED BY THE REGIONAL JOINT DIRECTOR, TOURISM DEPARTMENT, DATED 4-12-2020 |
WP(C) NO. 33207 OF 2022 4
Exhibit P11 TRUE COPY OF GO (MS) NO.28/2021./RD DT 28.1.2021 ISSUED BY THE REVENUE DEPARTMENT WITH RESPECT TO GRANT OF NOC
M/s. KAYANADAN STONES
THE DISTRICT COLLECTOR, ERNAKULAM
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
