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2024 Supreme(Online)(KER) 5784

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
ROSILY SMILE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 26756/2014



Headnote:

Fact of the Case:

The petitioner filed a writ petition seeking to quash the stop memo issued by the 3rd respondent and to declare that she is entitled to operate the quarry as she has all the required licenses/permissions.

Finding of the Court:

The court granted the petitioner liberty to approach the competent authority if there is any surviving grievance.

Final Decision: The writ petition was closed with liberty to approach the competent authority.

JUDGMENT

The above writ petition is filed with following prayers :

“a) Issue a writ of certiorari calling for the records leading to Ext.P10 and P11(a) and quash the originals of the same.

b) Declare that the petitioner is entitled to operate the quarry as she is having all the required the licenses/permissions issued by the competent authorities.

c) Writ of mandamus or any appropriate writ order or direction, directing the respondents to permit the petitioner to run the quarry as she is having all the required permissions/licenses.

d) Direct the 3rd respondent to renew Ext.P5 license as requested by the petitioner so as to enable her to run her quarry.

e) To grant such other reliefs prayed for from time to time including cost of these proceedings.” [sic]

2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that the writ petition can be closed, with liberty to approach the competent authority, if there is any surviving grievance.

The liberty is granted and the writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

SKS

APPENDIX OF WP(C) 26756/2014 PETITIONER EXHIBITS P1: COPY OF THE AGREEMENT ENTERED INTO BETWEEN SRI.MURALEEDHARAN AND PETITIONER DATED 24/1/2013.

P2: COPY OF THE CONSENT LETTER ISSUED BY SRI.MURALEEDHARAN TO THE PETITIONER P3: COPY OF THE EXPLOSIVE LICENSE ISSUED TO THE PETITIONER P4: COPY OF THE ORDER GRANDING ENHANCEMENT OF PURCHASE LIMIT OF EXPLOSIVES DATED 19/4/2013. P5: COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT ON 10/4/2013.

P6: COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD.

P7: COPY OF THE RECEIPT ISSUED BY THE POLLUTION CONTROL BOARD, KOZHIKODE DATED

7/3/2014.

P8: COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT DATED

3/2/2014.

P9: COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, BALUSSERY DATED 28/1/2013.

P10: COPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT ON 24/1/2014.

P11: COPY OF THE REPLY DATED 22/4/14 SENT BY THE 3RD TO THE PETITIONER UNDER RTI ACT.

P11(A): COPY OF THE ORDER/COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE SECRETARY OF THE 3RD RESPONDENT DATED 2/12/13.

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