M/S. Perumamattom Granites vs. The Geologist
Held
The High Court directed the Geologist to consider and pass orders on the renewal application without insisting on an NOC from the RDO. The Court further held that the land's classification in revenue records should not influence the decision, relying on previous judgments.
Facts
M/s. Perumamattom Granites sought to renew its dealer's license for a crusher unit. The Geologist (1st respondent) demanded a No Objection Certificate (NOC) from the RDO (2nd respondent) for renewal, citing the property's classification as paddy land in village records. The petitioner challenged this requirement.
Key Issues
Can the Geologist insist on an NOC from the RDO for renewing a crusher unit license based solely on the land's classification as paddy land in revenue records?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 30TH DAY OF MAY 2024 / 9TH JYAISHTA, 1946 WP(C) NO. 18099 OF 2024 PETITIONER: M/S. PERUMAMATTOM GRANITES 11/470C, VALIYAKALUNGU, PARANA ROAD, U.C. COLLEGE P.O., ALUVA-683102 REPRESENTED BY MANAGING PARTNER MR. P.P.ABUBACKER., PIN - 683102 BY ADVS. P.K.IBRAHIM K.P.AMBIKA ZEENATH P.K. JABEENA K.M. ANAZ BIN IBRAHIM RESPONDENTS: 1 THE GEOLOGIST, DISTRICT OFFICE, MINING & GEOLOGY, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 2 THE REVENUE DIVISIONAL OFFICER FORT KOCHI, PIN – 682001 BY ADV.AJITH VISWANATHAN – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 18099 of 2024 ..2.. J U D G M E N T Dated this the 30th day of May, 2024 The Petitioner was the holder of Ext.P13 dealer's license for a crusher unit by name M/s. Perumamattom Granite, which was in force till 19.04.2016. When the petitioner sought for renewal of the same vide Ext.P6 challan, the 1st respondent/Geologist issued Ext.P6(a) letter calling upon the petitioner to produce N.O.C
The judgment continues below.
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