JUDGMENT

The above Writ Petition is filed with the following prayers:

1. Issue a writ of mandamus or any other appropriate writ, order or direction to the second respondent to consider and dispose the application of petitioner which leads to exhibit P15 receipt issued by the panchayath and thereby renew license of the petitioner to operate quarry without demanding any more documents as provided under Rule 10 of Kerala Panchayath Raj (issuance of licence to factories, Trades, entrepreneurship activities and other services) Rules 1996.

2. Declare that the petitioner have deemed license to operate the quarry since the application of petitioner did not processed within stipulated period as per law.

3. Declare that petitioner is not liable to produce any of the document demanded in exhibit P10 before the respondents and petitioner is liable to produce all the documents only before district geologist before issuance of quarrying permit.

4. Such other writ, order or direction which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case. And

5. Dispense with filing of translation of vernacular documents produced along with writ petition.

[SIC]

2. The above Writ Petition is filed for issuing direction to the

2nd respondent to consider and dispose the application of the petitioner which leads to Ext.P15 receipt issued by the panchayath and thereby renew license of the petitioner to operate quarry without demanding any more documents as provided under Rule 10 of the Kerala Panchayath Raj (issuance of license to factories, Trades, entrepreneurship activities and other services) Rules 1996.

3. The grievance of the petitioner is that an application submitted by the petitioner is returned with certain defects as evident by Ext.P10. Thereafter, the petitioner submitted Ext.P11 explanation to the same. According to the petitioner, in the light of Rule 8 of the Kerala Minor Mineral Concession Rules, 2015, the petitioner need to produce only the letter of intent. The petitioner submitted Ext.P4 letter of intent. But, now the 2nd respondent again returned the same, after filing the Writ Petition, stating the same reason in Ext.P10. The petitioner received a notice to cure certain defects in the renewal application, but the application is not returned is the submission. If that is the case, the Writ Petition can be disposed of with the following directions:

a) The 2nd respondent will consider the application for renewal of D & O license application of the petitioner in the light of Ext.P11 explanation and also in the light of Ext.P4 letter of intent within 10 days from the date of receipt of a copy of this judgment.

b) While deciding the matter, the 2nd respondent will see that Rule 8 of the Kerala Minor Mineral Concession Rules, 2015 is complied in its letter and spirit.

c) The 2nd respondent will also consider the dictum laid down in Ext.P16 judgment while deciding the matter.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 1187/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER DATED

30.1.2023 AND VALID UPTO 28.2.2024 Exhibit P2 TRUE COPY OF EXPLOSIVE LICENCE DATED

31.3.2022 ISSUED BY THE DEPUTY CONTROLLER/ JOINT CONTROLLER OF EXPLOSIVE TO THE PETITIONER Exhibit P3 TRUE COPY OF THE LAST QUARRYING PERMIT DATED 11.1.2022 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY TO THE PETITIONER Exhibit P4 TRUE COPY OF THE LETTER OF INTENT DATED

1.8.2023 ISSUED BY THE DISTRICT GEOLOGIST, KANNUR TO THE PETITIONER Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE ISSUED TO THE PETITIONER BY THE DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY, KANNUR DATED 24.3.2018 Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE APPROVED MINING PLAN OF THE PETITIONER Exhibit P7 TRUE COPY OF THE LAST D&O LICENCE ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT DATED 12.5.2022 Exhibit P8 TRUE COPY OF THE PREVIOUS LICENCE ISS