Saleem M. vs. State Of Kerala
Held
The High Court found the condition in Ext.P14 regarding NGT orders and related judgments to be irrelevant in light of the Supreme Court's decision and subsequent administrative orders. It allowed the petition by setting aside the impugned condition in the quarrying permit.
Facts
The petitioner, a quarry operator, was granted a renewal quarrying permit (Ext.P14) which was made conditional on orders of the National Green Tribunal regarding distance criteria. The petitioner challenged this condition, arguing that the NGT's relevant order had been set aside by the Supreme Court and the Directorate of Mining and Geology had clarified the distance criteria as 50 meters.
Key Issues
Whether a quarrying permit can be made conditional on National Green Tribunal orders concerning distance criteria when those orders have been superseded by Supreme Court judgments and subsequent administrative clarifications.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943 WP(C) NO. 27780 OF 2020 PETITIONER: SALEEM M. AGED 62 YEARS, S/O. LATE MYTHEEN KUNJU, SALEEM QUARRY, NEDUVATHOOR, SALIM MANZIL, NEDUVATHOOR, NEELESWARAM P.O, KOTTARAKKRA, KOLLAM BY ADVS. B.MOHANLAL SMT.P.S.PREETHA SRI.MANSOOR ALI 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, KOLLAM 691 002 4 THE TAHASILDAR, TALUK OFFICE, KOTTARAKKARA, KOLLAM 691 506 5 THE TALUK SURVEYOR, TALUK OFFICE, KOTTARAKKARA,
WP(C) NO. 27780 OF 2020 2 KOLLAM 691 506 6 THE VILLAGE OFFICER, NEDUVATHOOR VILLAGE, NEELESWARAM P.O, KOT
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.