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2020 Supreme(Ker) 359

ALEXANDER THOMAS
Safa Stone Crusher – Appellant
Versus
Secretary, Mukkom Municipality – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Philip J.Vettickattu, Smt.Aney Paul, Advs.
For the Respondent: Sri.Suresh Kumar Kodoth, Sri.K.P.Antony Binu, Advs., Sri.M.P.Sreekrishnan, SC

JUDGMENT :

The case set up in the above W.P.(C.) is as follows :

That the petitioner had been conducting quarrying operations in Sy.No.147/2A2 and 149/sB1 of Thazehkkad Village, Kozhikode Taluk, which falls within the erstwhile Mukkom Grama Panchayat since the year 2010 onwards. The quarry was originally established in the year 2005. the Mukkom Grama Panchayat has been renewing the license from time to time till 2016. In the year 2016, in the light of the settled law by this Hon'ble Court vide [2016(1) KLT 75], that Environmental clearance is necessary for conducting quarrying operations even on the basis of Permits, the Geologist stopped issuing permits to the petitioner. In the meanwhile, the Mukkom Grama Panchayat was constituted as a Municipality by November, 2016. In the meanwhile, the petitioner had obtained necessary Environmental Clearance, Letter of intent from the Mining & Geology Department of quarrying lease, Explosive License, Consent to operate from the Pollution Control Board etc. The petitioner had approached the 1st respondent for the grant of license. The application submitted by the petitioner for the period 2017-2018 and for the subsequent year were rejected earli

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