Star Granites vs. The District Geologist
Held
The High Court quashed the rejection order, holding that there is no legal impediment in using an exempted plantation land for the purpose of a crusher unit, relying on a Full Bench judgment. The Geologist was directed to reconsider the renewal application in accordance with law within two weeks.
Facts
The petitioner, M/S. Star Granites, applied for renewal of its dealers' license for a crusher unit. The application was rejected by the District Geologist on the sole ground that the land where the unit operates is an exempted plantation land.
Key Issues
The key legal issue was whether an application for renewal of a dealers' license for a crusher unit could be rejected solely because the land on which it functions is an exempted plantation land.
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 WP(C).No.19817 OF 2020(B) PETITIONER: M/S. STAR GRANITES, K.P.8/415, PULLANIMEDU, THAMARASSERY P.O, KOZHIKODE, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. SRI.PHILIP J.VETTICKATTU RESPONDENTS: 1 THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOZHIKODE, CIVIL STATION, KOZHIKODE – 673 020. 2 THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O, THIRUVANANTHAPURAM – 695 004. BY ADV.SRI.M.R. DHANIL, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.19817 OF 2020(B) -2- JUDGMENT Dated this the 22nd day of December 2020 The short issue in this case is whether an application for renewal of dealers' licence can be rejected on the ground that the land, where a crusher unit is functioning, is an exempted plantation land.
Admittedly, the petitioner is having all necessary requisites under law to operate a crusher unit.
This Court had considered the similar matter in W.P.(C)No.18360 of 20
The judgment continues below.
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