Disposed

M/S. J&S Granite Company v. State of Kerala

Kerala HC12 Jun 2024WP(C)/21012/2024

Case brief

AI extract

What is this about?

The Court directed the second respondent (Joint Secretary) to consider the petitioner's appeal and stay petition within three months regarding the cancellation of a quarrying permit. Authority must prioritize non-disputed lands (items 1-6) over disputed areas (items 7-10). The writ petition is disposed.

What did the court decide?

Directed 2nd Respondent to consider appeal and stay petition within three months, specifically addressing undisputed lands first.

M/S. J&S Granite Company Vs State of Kerala — Mining and Natural Resources | Kerala HC (2024)

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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 C. JAYACHANDRAN

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WEDNESDAY, THE 12^TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946

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WP(C) NO. 21012 OF 2024

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PETITIONER:

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M/S. J&S GRANITE COMPANY MUPRAMON, V. KOTTAYAM, PATHANAMTHITTA REPRESENTED BY ITS MANAGING PARTNER, SRI. K. SADANANDAN, PIN - 689656 BY ADVS. ENOCH DAVID SIMON JOEL S.SREEDEV RONY JOSE LEO LUKOSE KAROL MATHEWS SEBASTIAN ALENCHERRY DERICK MATHAI SAJI KARAN SCARIA ABRAHAM DAVID VARGHESE THOMAS

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 JOINT SECRETARY DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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3 THE DIRECTOR OF MINING & GEOLOGY, DIRECTORATE OF MINING & GEOLOGY, PATTOM P.O, THIRUVANANTHAPURAM, PIN – 695004

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BY ADV.AJITH VISWANATHAN (GOVERNMENT PLEADER)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 21012 of 2024

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..2..

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J U D G M E N T

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Dated this the 12^th day of June, 2024

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Petitioner is aggrieved by the cancellation of a quarrying permit by the 3^rd respondent vide Ext.P1 order. The petitioner preferred Ext.P2 appeal before the 2^nd respondent. The short grievance of the petitioner is that neither the appeal, nor the stay petition filed along with the same, has not been considered by the 2^nd respondent.

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2. Having heard the learned counsel for the petitioner, as also, the learned Government Pleader on behalf of the respondents, this Court directs the 2^nd respondent to consider and pass orders in Ext.P2 appeal within a period of three months from the date of production of a copy of this judgment. There will be a further direction to consider and pass orders in the stay petition, filed along with the appeal, within a period of

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W.P.(C).No. 21012 of 2024

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..3..

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two weeks from the date of production of a copy of this judgment. While considering Ext.P2 appeal, as also, the stay petition, the 2^nd respondent will bear in mind the fact that, item nos. 1 to 6 , which is described in the table in paragraph no.6 of Ext.P2 appeal ar e lands over which there is no perceivable dispute. The dispute is only with respect to assigned land, covered by serial nos.7 to 10 in that table. If for any reason the appellate authority finds that the permit in respect of assigned land vide serial nos.7 to 10 are not liable to be granted, the authority will consider grant of quarrying license in respect of item nos. 1 to 6.

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The Writ Petition (Civil) is disposed of as above.

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Sd/C. JAYACHANDRAN JUDGE

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W.P.(C).No. 21012 of 2024

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..4..

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APPENDIX OF WP(C) 21012/2024

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PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 03.01.2024 BEARING NO. 629/202324/DMG/8843/2021-M3 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE MEMORANDUM OF APPEAL WITHOUT THE EXHIBITS THEREIN, ALONG WITH THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED. 25.05.2024 .

M/S. J&S Granite Company v. State of Kerala

Case brief

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M/S. J&S Granite Company v. State of Kerala

Case brief

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