Petitioner challenged demand for Panchayat NOC for Quarrying Permit. Court disposed petition accepting Geologist's submission that NOC not insisted, directing him to inform other required documents.
Petition disposed. Petitioner informed of other required documents, if any, by Geologist.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF JULY 2023 / 22ND ASHADHA, 1945
WP(C) NO. 17879 OF 2023
PETITIONER
DEEPU SURESH
AGED 35 YEARS, S/O.SURESH KUMAR
KIZHAKKECHARUVIL, ONNUKAL PATHANAMTHITTA, PIN - 689647
BY ADVS.
K.DHRUV KUMAR
SHAKTHI PRAKASH
HARIKRISHNAN M.S.
RESPONDENTS:
1DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
CHERTHALA, ALAPPUZHA, PIN - 688524
2THE SECRETARY
MULAKKAZHA GRAMA PANCHAYATH,
MULAKKAZHA GRAMA PANCHAYATH OFFICE, MULAKKAZHA,
ALAPPUZHA, PIN - 689505
BY ADVS.
P.V.SARITHA VENUGOPAL-STANDING COUNSEL
ADV.DEVISREE-GOVERNMENT PLEADER
N.P.RUKSANA(K/329/2015)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.17879 OF 2023
2
JUDGMENT
Dated this the 13th day of July, 2023
The petitioner has approached this Court aggrieved by
the alleged demand made by the Geologist to produce No Objection Certificate (NOC) from the Panchayat for issuance of a Quarrying Permit to excavate ordinary earth.
the Geologist is not insisting for any NOC from the Panchayat, but the petitioner has to submit certain other documents for processing the application for Quarrying Permit.
In view of the stand taken by the Geologist that he will
not be insisting for any NOC from the Panchayat, the writ petition is disposed of recording the said submission. If any
WP(C) NO.17879 OF 2023
3
other documents are required for processing the application of the petitioner, the Geologist shall communicate the same to
the petitioner at the earliest.
N.NAGARESH
JUDGE
hmh
WP(C) NO.17879 OF 2023
4
APPENDIX OF WP(C) 17879/2023
PETITIONER EXHIBITS
ExhibitP-1TRUE COPY OF THE LETTER DATED
14.11.2022 ISSUED BY THE PROJECT
DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF
INDIA, TO THE 1ST RESPONDENT
ExhibitP-2TRUE COPY OF THE LETTER DATED
16.12.2022 ISSUED BY THE 1ST RESPONDENT
ExhibitP-3TRUE COPY OF THE JUDGEMENT DATED
16.01.2023 IN W.P(C) NO. 791 OF 2023
ExhibitP-4TRUE COPY OF THE LETTER DATED
31.01.2023 ISSUED BY THE 2ND RESPONDENT
ALONG WITH THE COPY OF THE PANCHAYAT
DECISION DATED 30.01.2023
ExhibitP-5TRUE COPY OF THE JUDGMENT DATED
09.03.2023 IN CON CASE(C) NO. 413 OF
2023
RESPONDENT’S EXHIBITS : NIL
2 issues framed by the court
Whether Non Objection Certificate from Panchayat is required for Quarrying Permit issuance.
Whether Government Pleader's submission disposes of the petition without relief.
DEEPU SURESH
DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY
SECRETARY, MULAKKAZHA GRAMA PANCHAYATH
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court