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2021 Supreme(Online)(KER) 41724

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
RAJENDRA PRASAD VIJAYAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.JOHNSON GOMEZ SRI.M.R.RAJENDRAN NAIR (SR.) SRI.S.BIJU SRI.ROSHEN.D.ALEXANDER SRI.SMT.TINA ALEX THOMAS SRI.K.J.MANURAJ, GOVERNMENT PLEADER SRI.BIJU BLAKRISHNAN, AMICUS CURIAE

J U D G M E N T

The petitioner challenges in this writ petition Ext.P12 quarrying lease issued to the tenth respondent for extraction of granite building stones under the Kerala Minor Minerals Concession Rules, 2015 (the Rules).

2. The tenth respondent was earlier issued Exts.P1 and P2 quarrying leases under the Rules for the very same purpose, of which Ext.P1 was in respect of 0.7270 hectares of land in Survey Nos.158/6, 158/12-2 and 158/5 of Ittiva Village and Ext.P2 was in respect of 0.85 hectares of Government land in Survey No.161 of the very same village.

The said quarrying leases were issued on 24.03.2006 and the same were valid till 23.03.2018. Ext.P12 quarrying lease was issued thereafter to the tenth respondent on 17.02.2018 in respect of 1.0905 hectares of Government and private lands in Resurvey Nos.158/3, 158/5, 158/6, 158/7-2, 158/8, 158/10, 158/12-2 and 158/11 of Ittiva Village. The case set out by the petitioner in the writ petition in essence is that on the strength of Exts.P1 and P2 quarrying leases, the tenth respondent has extracted minerals far in excess of the quantity permitted, flouting the various conditions stipulated therein, and such a person ought not h

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