IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 21^ST DAY OF AUGUST 2024 / 30TH SRAVANA, 1946 WP(C) NO. 16071 OF 2024 PETITIONER:

M/S. PEE GEE AGGREGATES PVT, LTD., 11/165, REPRESENTED BY ITS MANAGING DIRECTOR, NAVEEN MATHEW PHILIP, AGED 40 YEARS S/O. PHILIP MATHEW, THEKKENEDUMPLAKKAL HOUSE NOOROMAVU P.O., MALLAPPALLY WEST, PATHANAMTHITTA, PIN - 689589 BY ADVS. P.HARIDAS BIJU HARIHARAN, SHIJIMOL M.MATHEW P.C.SHIJIN, ROSHIN MARIAM JACOB RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY,DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT, GOVERNMENT OF KERALA, KESAVADASAPURAM, PATTON P.O., THIRUVANANTHAPURAM, PIN - 695001

3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA, PIN – 689533 SMT. DEEPA V., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is a private limited company engaged in mining of granites. The quarrying permit issued to the petitioner has expired. Thereafter, the petitioner filed Ext.P2 application for quarrying lease. The grievance of the petitioner is that the respondents are not processing the application alleging that there are certain allegations in the quarrying activities of M/s Philips Grano Products, a proprietary concern of the petitioner and Ext.P12 demand notice was issued to the proprietary concern of the petitioner. It is in these circumstances, the petitioner has approached this Court to give a direction to the respondent to consider and pass orders on Ext.P2 application notwithstanding Ext.P12 demand notice.

2. I have heard Sri. P. Haridas, the learned counsel for the petitioner and Smt. Deepa V., the learned Government Pleader.

3. As stated already, the grievance of the petitioner is that the respondents are not considering and passing orders on Ext.P2 application due to Ext.P12 demand notice issued by the 3^rd respondent. Ext.P12 demand notice was under challenge in W.P.(C).No.31293/2022. The said writ petition has been disposed of today by setting aside Ext.P16 (Ext.P12 in this case) demand notice. Hence, this writ petition is disposed of with a direction to the respondents to consider and pass orders on Ext.P2 application in accordance with law, within two months from the date of receipt of a copy of this judgment.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF WP(C) 16071/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE NO.55 DATED 10.8.2015 ISSUED BY STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, KERALA Exhibit P2 TRUE COPY OF THE APPLICATION DATED

21.8.2020 WITHOUT ANNEXURES Exhibit P3 TRUE COPY OF THE MINING LEASE ISSUED TO PETITIONER'S FATHER DATED

02.07.1981 Exhibit P4 TRUE COPY OF THE LICENCE NO.3/1982-83 DATED 23.11.1982 ISSUED BY THE ANICAD PANCHAYATH Exhibit P5 TRUE COPY OF THE LICENCE NO.5/96-97 DATED 3.06.1996ISSUED BY THE ANICAD PANCHAYATH Exhibit P6 TRUE COPY OF THE QUARRYING LEASE DATED

04.12.1995 Exhibit P7 TRUE COPY OF THE QUARRYING LEASE FOR

1.0183 HECTARES COMPRISED IN RE.SY.NO

326/2, 326/4 AND 326/5 OF ANICADU VILLAGE FOR 12 YEARS DATED 18.11.2005 WITH TYPED COPY Exhibit P8 TRUE COPY OF THE QUARRYING LEASE FOR

5.1962 HECTARES COMPRISED IN SY.NO

328/6, 328/9, 329/10, 327/1, 325/1, 325/2, 305/10 AND 305/11 OF ANICADU VILLAGE FOR 12 YEARS DATED 22.2.2008 Exhibit P9 TRUE COPY OF THE JOINT INSPECTION COMMITTEE REPORT, NGT (SZ) IN O.A.142/2020 OF THE NATIONAL GREEN TRIBUNAL SITTING AT CHENNAI DATED

15.06.2021 WITH ALL THE EXHIBITS Exhibit P10 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AGAINST EXT. P9 ALONG WITH ALL THE EXHIBITS DATED 14.02.2022 Exhibit P11 TRUE COPY OF THE ORDER IN WP(C) NO.

25935/2022 DATED 31.08.2022 OF THIS HON’BLE COURT Exhibit P12 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT DATED 10.08.2022 Exhibit P13 TRUE COPY OF THE O