Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 8TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 PETITIONER: SINI ANTONY AGED 40 YEARS W/O K B ANTONY, KARINGOL HOUSE, NADUVATTOM , KALADY, PALAKKAD DISTRICT-678501, PROPRIETOR, M/S BLUE METALS, KAKKAYUR P O, NENMARA ROAD, KODUVAYUR, PALAKKAD DISTRICT-678501. BY ADVS. K.N.ABHILASH SUNIL NAIR PALAKKAT M.A.AHAMMAD SAHEER P.B.MUHAMMED AJEESH RITHIK S.ANAND RESPONDENTS: 1 THE DIRECTOR MINING AND GEOLOGY DEPARTMENT, OFFICE OF THE MINING AND GEOLOGY, PALAKKAD DISTRICT, PIN-678001. 2 THE GEOLOGIST DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT, PIN-678001. SMT.PRINCY XAVIER-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 8th day of February, 2022 This writ petition is filed seeking the following prayer: “(i) Issue writ of mandamus or any other appropriate writ,
order or direction commanding the 2nd respondent to issue
transit passes for the petitioner to transit the granite in accordance with the Ext.P3 permit forthwith.”
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 pursuant
to Ext.P2 judgment of this Court, Ext.P3 proceedings had been issued on the application submitted by the petitioner for quarrying permit. However, it is stated that transit passes have not been issued to the petitioner.
4. The learned Government Pleader submits, on instructions, that there
were complaints raised by neighboring inhabitants and that the complainants as well as the petitioner have been put on notice with regard to the complaint raised. It is submitted that as and when the hearing is completed and orders are passed, transit passes will be issued to the petitioner, if the petitioner is found eligible for the same.
5. Having considered the contentions advanced, there will be a
direction to the 2nd respondent to complete the proceedings within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner also, through any appropriate means, including video conferencing, This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 1019/2022 PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE APPLICATION DATED 29.09.2021 SUBMITTED BY THE PETITIONER COMPANY BEFORE THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF JUDGMENT DATED 12.11.2021 IN WPC NO.25127/21 ON THE FILES OF THIS HONOURABLE COURT. Exhibit P3 TRUE COPY OF THE PERMIT NO.30/202122/GBS/DOP/ RESPONDENT. RESPONDENTS’ EXHIBITS: NIL