Disposed¶31

Anees P.C., v. the Director of Mining and Geology

Kerala HC4 Apr 2025WP(C)/9530/2025

Case brief

AI extract

What is this about?

Kerala HC, W.P.(C) No.9530 of 2025, decided 04.04.2025 by Justice T.R. Ravi; letter of intent (originally issued 2020, extended 05.03.2024) under Kerala Minor Minerals Concession Rules 2015, Rule 33; directions to Kerala State Pollution Control Board and Secretary, Karassery Grama Panchayath, Kozhikode, to accept applications for consent to establish/operate and D&O licence on the basis of the letter of intent and consider them in accordance with law; disposal at admission stage.

What did the court decide?

Respondents 3 and 5 directed to accept the petitioner's applications for consent to establish/operate and for D&O licence respectively on the basis of the letter of intent issued to the petitioner, and to consider the same in accordance with law. ¶31

Anees P.C., Vs the Director of Mining and Geology — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 3 (Kerala State Pollution Control Board) and 5 (Secretary, Karassery Grama Panchayath) must accept the petitioner's applications for consent to establish/operate and for D&O licence on the basis of the letter of intent issued by the first respondent.

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Court's answer

This Court disposed of the writ petition by directing respondents 3 and 5 to accept the application(s) submitted by the petitioner for consent to establish/operate on the basis of the letter of intent.

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Ratio / Principle

The direction extends equally to the application for D&O licence, which was to be entertained respectively on the basis of the letter of intent issued to the petitioner and considered in accordance with law.

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Detailed headnote1 paragraphs

Writ Petition (Civil) No. 9530 of 2025 — High Court of Kerala, Ernakulam — T.R. Ravi, J. — decided 04.04.2025. The petitioner, holder of a letter of intent originally issued in 2020 by the Director of Mining and Geology (first respondent) and extended until further orders by communication dated 05.03.2024, complained that his applications for (i) consent to establish/operate before the Kerala State Pollution Control Board (third respondent) and (ii) D&O licence before the Secretary, Karassery Grama Panchayath (fifth respondent), both founded on the letter of intent, were not being accepted. Counsel for the petitioner submitted that, in view of Rule 33 of the Kerala Minor Minerals Concession Rules 2015, the letter of intent is a sufficient document for consideration of such licences and permits by other concerned authorities. Since even the applications had not yet been accepted, the Court disposed of the petition at the admission stage itself, directing respondents 3 and 5 to accept the respective applications on the basis of the letter of intent and to consider them in accordance with law.

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WP(C) NO. 9530 OF 2025

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2025:KER:29473

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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 T.R.RAVI

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FRIDAY, THE 4^TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947

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WP(C) NO. 9530 OF 2025

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PETITIONER:

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ANEES P.C., AGED 32 YEARS SON OF ABDURAHIMAN P.C., RESIDING AT KATTIL, KARUTHAPRAMBU, NELLIKKAPARAMBU, KAKKAD, KOZHIKODE, KERALA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER E.K.KOYAKUTTY, AGED 55 YEARS, SON OF MAMMED KOYA HAJI RESIDING AT EDARATH KOLORAMMAL, ODATHERUVU, KAKKAD, KOZHIKODE, PIN - 673602

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BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ

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RESPONDENTS:

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1 THE DIRECTOR OF MINING AND GEOLOGY OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KOZHIKODE, PIN - 673020

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WP(C) NO. 9530 OF 2025

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2025:KER:29473

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3 THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOZHIKODE, REPRESENTED BY ITS ENVIRONMENT ENGINEER, PIN - 673002

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4 KARASSERY GRAMA PANCHAYATH MUKKOM, KOZHIKODE DISTRICTREPRESENTED BY ITS SECRETARY, PIN - 673602

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5 THE SECRETARY KARASSERY GRAMA PANCHAYATH, MUKKOM, KOZHIKODE DISTRICT-, PIN - 673602

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BY ADVS. PRASHANTH KUMAR G.C. R.SUDHISH(K/001080/1992) M.MANJU(K/003562/1999)

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SRI. RAJEEV JYOTHISH GEORGE, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9530 OF 2025

2025:KER:29473

T.R. RAVI, J.

W.P.(C) No.9530 of 2025

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Dated this the 4^th day of April, 2025

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JUDGMENT

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The petitioner has obtained a letter of intent subject to certain conditions. The letter of intent was originally issued in 2020 and later extended until further orders by letter dated 05.03.2024. The grievance of the petitioner is that the application for consent to establish/operate on the basis of the letter of intent is not being accepted. There is also a grievance that the application for D&O licence on the basis of the letter of intent is not being accepted. The counsel for the petitioner submits that the letter of intent is sufficient document for consideration of licenses and permits by other concerned authorities in view of Rule 33 of the Kerala Minor Minerals Concession Rules 2015. Since it is a case where the application itself is not yet been accepted, this writ petition is disposed of directing respondents 3 & 5 to accept the application submitted by the petitioner for consent to establish/operate and

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WP(C) NO. 9530 OF 2025

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2025:KER:29473

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D&O licence respectively on the basis of the letter of intent issued

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to he petitioner and consider the same in accordance with law.

Sd/-

T.R. RAVI JUDGE

WP(C) NO. 9530 OF 2025

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2025:KER:29473

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APPENDIX OF WP(C) 9530/2025

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE FIRST RESPONDENT DATED 20.02.2020 Exhibit P2 TRUE COPY OF THE ORDER DATED 23.03.2021 ISSUED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER DATED 5.3.2024 ISSUED BY THE FIRST RESPONDENT

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Exhibit P4 TRUE COPY OF THE PAMPHLET WITHOUT DATE HANDED OVER BY THE FOURTH RESPONDENT TO THE PETITIONER

Anees P.C., v. the Director of Mining and Geology

Case brief

What is this about?

What did the court decide?

Anees P.C., v. the Director of Mining and Geology

Case brief

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What did the court decide?

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What the court decided

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