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2019 Supreme(Ker) 951

S.MANIKUMAR, A.M.SHAFFIQUE
Sobin P. K. , S/O. Kuriakose – Appellant
Versus
District Geologist, Department Of Mining And Geology – Respondent


Advocates Appeared:
For the Petitioner: Sri.P.M.Ziraj, Adv.
For the Respondent: Sri. T.Naveen, Adv. SC, Sri.P.Benjamin Paul, SC, Sr.GP.Sri.Tek Chand Sri.Saji Varghese Kakkattumattathil, Representing SC

JUDGMENT :

S.Manikumar, J.

Challenge in this Writ Appeal is to the judgment in W.P.(C) No.33938 of 2017 dated 28.11.2017, by which the writ court declined to quash Exhibit-P9 communication dated 05.08.2017 issued by the District Geologist, Department of Mining and Geology, Ernakulam, respondent No.1, who declined to grant permission and licence to establish a granite quarry.

2. Short facts leading to the appeal are that, appellant intended to operate a granite building stone quarry in the property having an extent of 1.8958 hectares in Sy.Nos.306/1A/185/10/12, 46, 47, 52, 78, 79, 80, 81, 82A of Kuttamangalam village, Kothamangalam taluk, Ernakulam district, after obtaining all the required licences and permits from the concerned authorities, including environmental clearance certificate and quarrying lease. He submitted an application dated 23.06.2017 to the District Geologist, Department of Mining and Geology, Ernakulam District, respondent No.1, who issued a communication dated 05.08.2017, by which the appellant/petitioner was informed that there is a water tank belonging to Kerala Water Authority, in short KWA, located within 110 meters from the site of appellant and, therefore, pe

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