Judgment
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 from the second respondent R.D.O., on the premise that the property is shown as a paddy land in the village records. The petitioner seeks his application to be considered by the 1st respondent without insisting for N.O.C. from the 2nd respondent/R.D.O.
2.
The issue is covered by judgments of this Court, which are produced as Exts.P11 and P12.
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3.
In these circumstances, there will be a direction to the 1st respondent to consider and pass orders in the renewal application vide Ext.P6-Challan - uninfluenced by the classification of the land in the revenue records and without insisting for N.O.C. from the 2nd respondent R.D.O.
- within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the 1st respondent/Geologist.
The Writ Petition (Civil) is disposed of, as above.
Sd/- C. JAYACHANDRAN JUDGE TR
W.P.(C).No. 18099 of 2024 ..4..
APPENDIX OF WP(C) 18099/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE LICENSE ISSUED BY THE LOCAL AUTHORITY DATED 01.04.2023 Exhibit-P2 TRUE COPY OF THE RECEIPT DATED 29.02.2024 ISSUED BY THE LOCAL AUTHORITY FOR RECEIVING THE LICENSE FEE FOR THE YEAR 2024 - 2025 Exhibit-P3 TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 21.05.2022 Exhibit-P4 TRUE COPY OF THE PERMIT REGISTERED ON 19.09.2008 VALID TO 31.12.2027 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS Exhibit-P5 TRUE
COPY
OF
THE
REGISTRATION CERTIFICATE ISSUED ON 17.07.2018 UNDER GST ACT Exhibit-P6 TRUE COPY OF THE CHALAN RECEIPT DATED 17.11.2023 AGAINST THE PAYMENT OF RENEWING THE LICENSE Exhibit-P6(a) TRUE COPY OF THE COMMUNICATION DATED 20.03.2024 RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT Exhibit-P7 TRUE COPY OF THE COMMUNICATION DATED 11.12.2019 RECEIVED BY THE PETITIONER FROM THE AGRICULTURAL OFFICER Exhibit-P8 TRUE COPY OF THE APPLICATION DATED 01.11.2023 IN FORM 7 SUBMITTED JOINTLY BY THE PATTERNERS OF THE PETITIONER'S FIRM NAMELY MUHAMMED, UMMER AND NIZAR Exhibit-P9 TRUE COPY OF THE APPLICATION DATED 01.11.2023 IN FORM 7 BY ANOTHER PARTNER NAMELY ABOOBACKER Exhibit-P10 TRUE COPY OF THE REPRESENTATION DATED 18.04.2024 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit-P11 TRUE COPY OF THE JUDGMENT DATED 11.10.2022 IN WPC NO.30951/2022 Exhibit-P12 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
DATED
18.12.2023
IN
WPC NO.38019/2023
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Exhibit-P13 TRUE COPY OF THE DEALER'S LICENSE LAST RENEWED DATED 20.04.2025 WHICH WAS VALID TILL 19.04.2016 Exhibit-P14 TRUE COPY OF THE ORDER IN WPC NO.15822/2016 DATED 26.04.2016 Exhibit-P15 TRUE COPY OF THE PAYMENT RECEIPT DATED 05.09.2023