Petitioner challenged rejection of his application for a no objection certificate for quarrying. He had filed an appeal before the Land Revenue Commissioner. The High Court suo motu impleaded the Commissioner and disposed of the petition directing the appeal be decided within two months after hearing the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
WP(C) NO. 4693 OF 2024
PETITIONER:
BASHEER C.K,AGED 50 YEARS
S/O MANU KURIKKAL, CHELENGARA HOUSE, EDAPATTA POST,
MELATTUR, MALAPPURAM, KERALA, PIN - 679326
BY ADVS.
P.MOHAMED SABAH
SAIPOOJA
LIBIN STANLEY
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
RESPONDENTS:
1 ADDITIONAL DISTRICT MAGISTRATE DISTRICT COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN - 676505
ADDL.R2
THE LAND REVENUE COMMISSIONER,
LAND REVENUE COMMISSIONERATE,
THIRUVANANTHAPURAM
IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 01.03.2024.
SR.GP DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.4693 of 2024
2
VIJU ABRAHAM, J.
................................................................. W.P (C) No.4693 of 2024
................................................................. Dated this the 1st day of March, 2024
JUDGMENT
“The Land Revenue Commissioner, Land Revenue
Commissionerate, Thiruvananthapuram” is suo motu impleaded as additional 2nd respondent in the writ petition.
After hearing both sides, I am inclined to dispose of the writ petition with a direction to the additional 2nd respondent to consider and pass orders on Ext.P7 appeal at the earliest, at any rate, within an outer limit of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. It is further ordered
WP(C) No.4693 of 2024
3
to that all the contentions of the petitioner including the contention that no NOC is required from the 1st respondent shall also be duly considered by the 2nd respondent while taking a decision on Ext.P7 appeal.
Writ petition is disposed of as above.
Sd/VIJU ABRAHAM JUDGE
cks
WP(C) No.4693 of 2024
4
APPENDIX OF WP(C) 4693/2024
PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
CERTIFICATE DATED 02.03.2020 AND BEARING NO.
32 OF 2020 ISSUED BY THE STATE ENVIRONMENTAL
IMPACT ASSESSMENT AUTHORITY, KERALA TO THE
PETITIONER
Exhibit P2TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE BEARING NO. PCB/CO/RI/6401/2020
DATED 02.06.2020 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD TO THE PETITIONER
Exhibit P3TRUE COPY OF THE LICENSE FORM LE-3 DATED
17.11.2016 BEARING LICENSE NO. LE 3/106/MPM
ISSUED BY THE RESPONDENT
Exhibit P4TRUE COPY OF THE LICENSE ISSUED BY THE
EDAPATTA GRAMA PANCHAYAT TO THE PETITIONER
DATED 19.06.2020 AND BEARING NO. 51/2020-
2021/A-5/963
Exhibit P5TRUE COPY OF THE QUARRYING PERMIT DATED
03.08.2020 ISSUED BY DISTRICT GEOLOGIST,
MALAPPURAM TO THE PETITIONER
Exhibit P6TRUE COPY OF THE ORDER DATED 04.01.2024
ISSUED BY THE RESPONDENT
Exhibit P7THE TRUE COPY OF THE APPEAL DATED 19-02-2024
PREFERRED BY THE PETITIONER BEFORE THE LAND
REVENUE COMMISSIONER , THIRUVANANTHAPURAM
Exhibit P8THE TRUE COPY OF THE POSTAL RECEIPT DATED
24.02.2024 EVIDENCING THE SENDING OF THE
APPEAL VIA SPEED POST
Exhibit P9THE TRUE COPY OF THE TRACK CONSIGNMENT
RECORD FROM THE WEBSITE OF INDIAN POSTAL
DEPARTMENT EVIDENCING THE DELIVERY OF THE
APPEAL TO THE LAND REVENUE COMISSIONERATE,
THIRUVANANTHAPURAM
1 issue framed by the court
Whether the Land Revenue Commissioner should be directed to decide the appeal against rejection of the no objection certificate for quarrying.
BASHEER C.K
ADDITIONAL DISTRICT MAGISTRATE, DISTRICT COLLECTORATE, MALAPPURAM
LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM
VIJU ABRAHAM
As recorded by the court registry
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