Saleem M. vs. State Of Kerala
Held
The High Court directed the District Geologist to consider and pass orders on the petitioner's application for renewal of the quarrying permit within ten days. The court emphasized that the Environmental Clearance should be treated as valid until April 4, 2022, as the earlier impediment had been removed.
Facts
The petitioner sought renewal of a quarrying permit, which had been suspended due to alleged excess quarrying. A previous order made the renewal conditional on orders from the NGT regarding distance from residences, but this condition was subsequently set aside by a prior High Court judgment.
Key Issues
The key legal issue was whether the District Geologist was obligated to consider the petitioner's application for quarrying permit renewal, given that a previous High Court judgment had set aside the conditions that were impeding such consideration.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944 WP(C) NO.2893 OF 2022 PETITIONER :- SALEEM M., AGED 62 YEARS S/O.LATE MYTHEEN KUNJU, SALEEM QUARRY, NEDUVATHOOR, SALIM MANZIL, NEDUVATHOOR, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM. BY ADV B.MOHAN LAL RESPONDENTS :- 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 THE DIRECTOR, MINING AND GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM- 695 004. 3 THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, ASRAMOM P.O., KOLLAM-691 002. 4 THE TAHSILDAR, TALUK OFFICE, KOTTARAKKARA P.O., KOLLAM-691 506. 5 THE TALUK SURVEYOR, TALUK OFFICE, KOTTARAKKARA P.O., KOLLAM-691 506. 6 THE VILLAGE OFFICER, NEDUVATHOOR VILLAGE, NEELESWARAM P.O., KOTTARAKKARA, KOLLAM-691 505. 7 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, CUTCHERY P.O., KOLLAM-691 013. BY SMT.PRINCY XAVIER, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.2893 OF 2022 JUDGM
The judgment continues below.
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