This court dismissed the writ petition as infructuous after it was submitted that the permit for granite extraction held by the petitioner had expired on 02.12.2015, leaving nothing to adjudicate.
Writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 607 OF 2015
PETITIONER/S:
SUDARSAN
AGED 40 YEARS
S/O.BALAN, CHERUKUNNATH PARAMBATH, CHERUPARAMBA
PO, KOLAVALLUR VILLAGE, THALASSERY TALUK, KANNUR
DISTRICT
BY ADV SRI. P.M.ZIRAJ
SRI. IRFAN ZIRAJ
RESPONDENT/S:
1 KERALA LOK AYUKTA THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS REGISTRAR2 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, KANNUR DISTRICT 670 693.3 THE DISTRICT COLLECTOR KANNUR CIVIL STATION, KANNUR DISTRICT, PIN 670 693.BY ADV SMT.RENU. D.P., SC, LOK AYUKTA
SRI. V. TEKCHAND, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 607 of 2015
-2-
J U D G M E N T
S. Manikumar, C. J.
Record of proceedings shows that on 08.01.2015, a learned Single Judge has passed the following order:-
“Admit. Smt.Renu.D.P., SC for Lok Ayukta takes notice for R1. The learned Government Pleader takes notice for respondents 2 and 3. The scope of Ext P6 interim order passed by the Lok Ayukta particularly, in Sub paragraph 2 of Paragraph 4 will stand confined only to the unauthorised quarries functioning in Survey No.275/1-A of Thrippangottur Village. Thalassery Taluk, Kannur District and running of the quarry by the petitioner herein if supported by all valid sanction/permit/licence as contemplated under the relevant provisions of law, shall not be intercepted in any manner for a period of one month. It is made clear that, this will not bar the way of the Lok Ayukta in proceeding with further steps in the complaint preferred and pending before the said authority. Counter affidavit, if any, shall be filed by the 2nd and 3rd respondent with regard to the actual facts and merits involved.”
the attention of this Court to Ext. P1 permit granted for extraction of granite building stone, Mr. V. Tekchand, learned Senior Government
W. P. (C) No. 607 of 2015
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Pleader, submitted that the permit itself has expired on 02.12.2015, and in such circumstances, nothing survives to be adjudicated in this writ petition.
Placing on record the above submission, writ petition is dismissed as infructuous.
Sd/S. MANIKUMAR CHIEF JUSTICE
Sd/MURALI PURUSHOTHAMAN JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
Sudarsan
Kerala Lok Ayukta Thiruvananthapuram
The District Geologist Department of Mining and Geology
The District Collector Kannur
S. Manikumar
Murali Purushothaman
As recorded by the court registry
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