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M/S. Oriental Rock Products Pvt. Ltd. Represented by Its Managing Director, Sajeev Mathew. v. the Secretary

Kerala HC22 Nov 2023WP(C)/13435/2023

Case brief

AI extract

What is this about?

Petitioner company approached the High Court challenging inaction on renewal of mining license despite defect rectification. Court directed respondents to consider renewal expeditiously within one month and disposed of the petition.

What did the court decide?

Respondents/statutory authorities directed to consider petitioner's application for renewal of license expeditiously, at any rate within one month.

M/S. Oriental Rock Products Pvt. Ltd… — Mining and Natural Resources | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA, 1945

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WP(C) NO. 13435 OF 2023

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PETITIONER:

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M/S. ORIENTAL ROCK PRODUCTS PVT. LTD
12/243,OLD TREASURY BUILDING, P.O. JUNCTION,
MUVATTUPUZHA, ERNAKULAM, PIN – 686661 REPRESENTED
BY ITS MANAGING DIRECTOR, SAJEEV MATHEW.

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BY ADVS.

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PHILIP J.VETTICKATTU
SAJITHA GEORGE
NEENU BERNATH

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RESPONDENTS:

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1THE SECRETARY

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THIRUMITTACODE GRAMA PANCHAYAT, THIRUMITTACODE,
PALAKKAD, PIN – 679532

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2THE DISTRICT GEOLOGIST
MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE,
PALAKKAD – 14

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BY ADVS.

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LIJI J VADAKKEDOM
G.P-SMT DEEPA V

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(c) No. 13435 of 2023

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JUDGMENT

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The petitioner is a Private Limited Company

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engaged in the business of quarrying, crushing, etc. According to them, they are having all the license/consent/clearance which are still in force. An application for renewal of license was submitted by the petitioner through the official portal of the 1^st respondent. Ext P9 is the acknowledgment receipt. No defects were notified or any further documents were called for by the 1^st respondent. However, the 2^nd respondent issued a notice to the petitioner pointing out certain defects in the functioning of the quarry. Though the petitioner filed a compliance report before the respondents, no action is taken for renewal of the

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license.

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W.P.(c) No. 13435 of 2023

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A counter affidavit has been filed by the 2^nd respondent, the Geologist. The relevant portions thereof read as follows:-

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“3. It is submitted that as per the interim order dated 30.06.2023 the Hon’ble High Court directed the 2^nd respondent, District Geologist, to file a statement regarding any pending rectification works in the petitioner’s unit. The petitioner submitted that all the said directions have been duly complied with and a compliance report has been submitted before this respondent. As per the order of this Hon’ble Court, this respondent inspected the said site on 02.09.2023. On inspection, it was noticed that, the quarrying operations and transportation of a Granite Building stone was not conducting in the quarrying lease area since the validity of movement permit was expired and as per the writ petition filed by the petitioner Sri. Sajeev Mathew in W.P.(c) No. 29470/2023 Provisional D&O License was issued by the Local Self Government Department.

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During the inspection, the directions issued by this respondent were verified for compliance.

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1. The dumped soil as part of quarrying activity, has been formed into benches and covered with Geo textile fiber

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W.P.(c) No. 13435 of 2023

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to preventing the flow towards the lower area.

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2. Sri. Sajeev Mathew, Managing Director, Original rock products Pvt. Ltd. Has informed this office that the quarrying operation will be strictly carried out in accordance with the approved mining plan. A revised plan has been submitted by Original Rock Products Pvt. Ltd. And subsequently approved by this office.

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3. The drainage channels in the southern side of Chathannur-Vavannoor road is constructed in proper way without disrupting the natural flow.

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4. The quarry owner has informed this office that operation in the quarry will be carried out using limited amount of explosives only, ensuring that the public and local residents will not suffer any adverse effects due to the mining activities.

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5. The road towards the quarry is tarred and kept in good motorable condition.

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6. A rainwater harvesting structure is provided in the North-West side outside the quarrying lease area.

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7. In order to reduce dust pollution, sprinklers are installed in the quarry.

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W.P.(c) No. 13435 of 2023

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Heard the learned counsel for the petitioner, the

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learned Government Pleader and Sri.Liji J. Vadakkedom, the learned Standing Counsel.

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Since it is stated that the defects pointed out have already been rectified, the respondents/statutory authorities shall consider the petitioner’s application for renewal of license in accordance with the law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a

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certified copy of this judgment.

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The writ petition is disposed of.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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bnu

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W.P.(c) No. 13435 of 2023

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APPENDIX OF WP(C) 13435/2023

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE RELEVANT PAGES OF REGISTERED` `QUARRY LEASE EXECUTED BETWEEN THE PETITIONER AND` `THE COMPETENT AUTHORITY DATED 20-7-2022.`
`Exhibit P2`	`TRUE COPY OF THE RELEVANT PAGES OF THE` `ENVIRONMENTAL CLEARANCE ISSUED BY THE COMPETENT` `AUTHORITY DATED 31-8-2018.`
`Exhibit P3`	`TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY` `THE COMPETENT AUTHORITIES.`
`Exhibit` `P3(a)`	`TRUE COPY OF THE CONSENT VARIATION ORDER DATED` `31-08-2023.`
`Exhibit P4`	`TRUE COPY OF THE RELEVANT PAGES OF THE EXPLOSIVE` `LICENSE GRANTED BY THE COMPETENT AUTHORITY DATED` `24-05-2022.`
`Exhibit P5`	`TRUE COPY OF THE LLCENSE ISSUED BY THE` `NAGALASSERY GRAMA PANCHAYAT DATED 26-5-2022.`
`Exhibit P6`	`TRUE COPY OF THE LICENSE ISSUED BY THE` `RESPONDENT PANCHAYAT DATED 6-4-2022.`
`Exhibit P7`	`TRUE COPY OF THE MOVEMENT PERMIT DATED 26-2-` `2023, WHICH IS VALID UPTO 31-3-2023.`
`Exhibit P8`	`TRUE COPY OF THE APPLICATION FOR RENEWAL OF`
	`LICENSE AND RECEIPT SHOWING SUBMISSION OF` `APPLICATION.`
`Exhibit P9`	`TRUE COPY OF THE RECEIPT DOWNLOADED FROM THE` `ONLINE PORTAL SHOWING UPLOADING OF APPLICATION.`
`Exhibit P10`	`TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT` `GEOLOGIST TO THE PETITIONER DATED 23-12-2022.`
`Exhibit P11`	`TRUE COPY OF THE LETTER DATED 7-03-2023 ISSUED` `BY THE 1ST RESPONDENT.`
`Exhibit P12`	`TRUE COPY OF THE COMPLIANCE REPORT DATED 22-03-`
	`2023 AND THE COVERING LETTER GIVEN TO THE 1ST` `RESPONDENT.`
`Exhibit P13`	`TRUE COPY OF THE EXTENDED INTERIM ORDER OF STAY` `ISSUED BY THIS HON'BLE COURT IN W.P.(C) NO 29470` `OF 2022, DATED 20-2-2023.`
`Exhibit P14`	`TRUE COPY OF THE INTERIM ORDER DATED 16-12-2022` `IN W.P.(C) NO.41085/2022.`

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W.P.(c) No. 13435 of 2023

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Exhibit P15TRUE COPY OF THE LETTER DATED 15/5/2023 BEARING
NO. DO/2140/2O17/A1, ISSUED BY THE DISTRICT
GEOLOGIST TO THE PETITIONER.
Exhibit P16TRUE COPY OF LEFTER DATED 16/5/2023 SUBMITTED BY
THE PETITIONER TO THE RESPONDENT.

M/S. Oriental Rock Products Pvt. Ltd. Represented by Its Managing Director, Sajeev Mathew. v. the Secretary

Case brief

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M/S. Oriental Rock Products Pvt. Ltd. Represented by Its Managing Director, Sajeev Mathew. v. the Secretary

Case brief

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M/S. Oriental Rock Products Pvt. Ltd, Represented by Its Managing Director Sajeev Mathew Vs the Secretary, Nagalassery Grama Panchayat