IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 15^TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944 WP(C) NO. 41224 OF 2016 PETITIONERS:

1 M.P.BALAN AGED 63 YEARS, S/O.KANARAN,ARCHANA HOUSE, IRUTHIYAD,KOZHIKODE-673 004.

2 RAVEENDRAN AGED 53 YEARS, S/O.NARAYANAN NAIR,KIZHAMEKKA KILIYANAKKANDI HOUSE,VILAYATTOOR, KOYILANDI TALUK, KOZHIKODE DISTRICT.

BY ADVS.

SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

2 THE DIRECTOR OF MINING AND GEOLOGY DIRECTORATE OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695 001. 3 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, KOZHIKODE.

4 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY THE CHIEF ENVIRONMENTAL ENGINEER, PATTOM, THIRUVANANTHAPURAM-695 004.

BY ADVS.

SRI.V.HARISH SRI.RAJAN VISHNURAJ SRI.K.M.FAISAL, GP, SRI.T.NAVEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. --------------------------------

W.P.(C).No.41224 of 2016 ----------------------------------------------

Dated this the 15^th day of February, 2023

JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records relating to Exhibit P19 and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction.

ii. Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 5 and 6 to issue Dangerous and Offensive Licence to the 1^st petitioner for granite quarry.

iii. Declare that the 1^st petitioner is entitled to Dangerous and Offensive Licence for granite quarrying as per the letter of intent issued by the Department of Mining and Geology.

iv. Issue such other writ, order or direction which this Honourable court may deem fit and proper in the facts and circumstances of this case.

(SIC)

2. The main challenge in this writ petition is against Ext.P19 decision by which the application of the petitioner for renewal of licence to conduct a quarry was rejected.

3. This writ petition is pending before this Court from

2016 onwards. No interim order is passed in this case. The licence and permits produced along with the writ petition also expired. In such circumstances, the prayers in the writ petition might have been infructuous. Therefore this writ petition can be closed granting liberty to the petitioner to approach the competent authority for fresh licence in accordance with law after getting necessary licence and permits from the statutory authorities, if the cause of action still survives.

4. Therefore, the petitioner is allowed to approach the competent authority for licence and permits in accordance with law, if he advice so. Ext.P19 decision will not stand in the way of considering such application by the competent authority in accordance with law.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV APPENDIX OF WP(C) 41224/2016 PETITIONER EXHIBITS P1 : COPY OF THE AGREEMENT EXECUTED BETWEEN THE 1ST AND 2ND PETITIONERS DATED 15-

5-2011.

P2 : COPY OF THE PERMIT ISSUED BY THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT, KOZHIKODE DATED 11-1-2010.

P3 : COPY OF THE PERMIT ISSUED BY THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT , KOZHIKODE DATED 24-8-

2011.

P4 : COPY OF THE PERMIT ISSUED BY THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT, KOZHIKODE DATED 24-8-2011.

P5 : COPY OF THE INTEGRATED CONSENT TO OPERATE OBTAINED FROM THE POLLUTION CONTROL BOARD DATED 30-3-2013.

P6 : COPY OF THE LICENCE OBTAINED BY THE

1ST PETITIONER FROM MEPPAYUR GRAMA PANCHAYATH DATED 9-7-2013.

P7 : COPY OF THE LICENSE GRANTED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE, MINISTRY OF COMMERCE AND INDUSTRY, PETROLEUM AND EXPLOSIVE SAFETY ORGANISATION, GOVERNMENT DATED 22-1-

2013.

P8 : COPY OF THE ORDER OF THE KERALA STATE POLLUTION CONTROL BOARD ISSUED TO THE

1ST PETITIONER DATED 13-10-2014.

P9 :