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High CourtsSingle Bench(2022) 02 KL CK 0035

M/s RKP Minerals And Metals Pvt. Ltd vs District Geologist Mining & Geology Department, Office Of The District Geologist, Pattom Palace P.O., Trivandrum 695004

High Court Of Kerala · Decided on 3 February 2022

HON’BLE JUDGES
Anu Sivaraman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 29072 Of 2021

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Judgment

8 paragraphs · 339 words

Anu Sivaraman, J

1.

This writ petition is filed seeking the following reliefs:-

“(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to give access to the petitioner to KOMPAS and to issue necessary passes etc. enabling the petitioner to carry on with the quarrying operations and remove minerals from the quarry, forthwith;

(ii)Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to extend the validity of Ext.P7 permit by 6 months from 22.03.2022 by reckoning the period from 23.04.2021 till 25.10.2021.”

2.

Heard the learned counsel for the petitioner and the learned Government Pleader.

3.

It is submitted by the learned counsel for the petitioner that the first relief has already been granted to the petitioner and the issue is only with regard to the 2nd relief of extending the validity of Exhibit P7 permit. The learned counsel for the petitioner submits that the petitioner shall approach the Geologist with a detailed representation, seeking the extension of the permit which may be directed to be considered. It is further submitted that there has been inordinate delay in the consideration of the issue after Exhibit P6 judgment dated 24.03.2021 and that the petitioner would be entitled to extension of the period of the permit in view of the order S.O.No.221 dated 18.01.2021 passed by the Central Government .

4.

Having heard the learned Government Pleader also, I am of the opinion that issue with regard to the extension of Exhibit P7 permit is to be considered by the 2nd respondent in accordance with law. In case the petitioner approaches the 2nd respondent with a detailed representation in this regard, the same shall be considered within a period of one week after considering the contentions raised by the petitioner also. The petitioner shall produce a copy of this writ petition along with copy of all the documents that he wishes to rely on, before the 2nd respondent, for compliance.

This writ petition is ordered accordingly.