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2021 Supreme(Ker) 115

ANIL K. NARENDRAN
Balakrishnan P. S/o Late Balakrishna Menon – Appellant
Versus
State of Kerala Rep. by its Secretary, Department of Environment – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Rajan Vishnuraj, Sri. V. Harish.
For the Respondents: Sri. T. Naveen, Sri. Santhosh Mathew, Sri. Arun Thomas, Sri. Jennis Stephen, Sri. Vijay V. Paul, Sri. Anil Sebastian Pulickel, Sri. S. Kannan, Smt. Karthika Maria, Smt. Veena Raveendran, Smt. Divya Sara George, Smt. Jaisy Elza Joe.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner, who is stated to be the owner of 10 cents of land in Sy. No. 72/1 of Vallapuzha Village in Pattambi Taluk and residing there along with his family, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the approval granted by the 4th respondent Geologist, Palakkad on 31.07.2017 to Ext.P3 mining plan dated 17.04.2017 submitted by the 6th respondent, namely, M/s. J&P Constructions and J&P Granites, Choorakode, in respect of 01.6190 hectares of land in Survey Nos. 75 and 78/2 in Block No. 34 of Vallapuzha Village, for extracting granite building stone for the period from 04.12.2015 to 28.05.2019 (4.7 years) with year wise production of 1,47,812.5 MT for the 1st, 2nd, 3rd and 4th years and 22,250 MT for the remaining period of 7 months, is in contravention with the permissible limits and conditions in Ext.P1 order dated 15.11.2011 issued by the 2nd respondent Director of Mining and Geology granting quarrying lease to quarry granite building stone from the aforesaid property, for a period of 10 years from the date of execution of the quarrying lease, under the Kerala MINOR MINERAL CONCES

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