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2016 Supreme(Ker) 522

K.VINOD CHANDRAN
JACOB GEORGE – Appellant
Versus
TOMY ABRAHAM – Respondent


Advocates Appeared:
For the Petitioner: SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI. A.R. DILEEP, SRI. P.J. JOE PAUL, SRI. MANU SEBASTIAN
For the Respondent: SRI. JOBI JOSE KONDODY, SRI. SURIN GEORGE IPE.

ORDER :

The review petitioner, claiming to be a resident of the locality, seeks review of the directions in the judgment, impugned herein, permitting the writ petitioner to remove the granite aggregate remaining in the unit, to which the writ petitioner has obtained a quarrying licence, which, allegedly, was quarried prior to 2013-14. The specific direction assailed by the review petitioner is:

"Further, the granite aggregate remaining, as is evidenced from Exhibit P15, i.e., 5,034.500 tonnes, shall also be permitted to be transported after the 2nd respondent inspects the premises and identifies the said stock as having been removed in the financial year 2012-13".

2. The writ petition was filed for the purpose of setting off, the royalty paid in the year 2013-14, as against quarrying licence obtained by the writ petitioner; but, however, no quarrying operations have been carried on, for reason of the rejection of the application for D&O Licence by the Panchayat as well as the stop memo issued by the District Geologist.

3. A reading of the judgment would indicate that the petitioner had quarrying lease for different periods, between 06.09.2011 and 20.09.2021 and between 08.02.2010 and 0









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