IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 5^TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 WP(C) NO.7169 OF 2022 PETITIONER :-

FRITS T.M.CLEMENT, DISHA T.C.22/19, PUTHENCOTTA, MANACAUD, THIRUVANANTHAPURAM.

BY ADVS.

PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH RESPONDENT :-

THE DISTRICT GEOLOGIST MINING & GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM – 695 036 SMT.PRINCY XAVIER-SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 5 ^th day of April, 2022 This writ petition is filed seeking directions to the respondent to extend the validity of Ext.P11 quarrying permit issued to the petitioner for a period of seven months. The petitioner seeks a revalidation of Ext.P1 Environmental Clearance on the basis of Ext.P11 as well.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned Government Pleader that there are complaints raised against the petitioner with regard to the excess quarrying from the areas other than permitted areas and that the same has been sent for report to the Tahsildar.

4. The learned counsel for the petitioner submits that an earlier complaint of the very same nature had been enquired into by the Tahsildar and Ext.P19 report had been generated on 7.2.2022 finding that there is no merit in the complaint. It is, therefore, contended that the petitioner's request is liable to be considered in accordance with law.

There will, accordingly, be a direction to the respondent to consider Ext.P14 application submitted by the petitioner for extension of validity of Ext.P11 permit after considering all relevant aspects, within a period of one month from the date of receipt of a copy of this judgment. Orders passed as directed above shall be subject to the orders to be passed on the complaints and the enquiry pending in the matter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/8.4.2022 APPENDIX OF WP(C) 7169/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ENVIRONMENTAL CLEARANCE DATED

2.8.2018 ISSUED BY THE COMPETENT AUTHORITY.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF EXPLOSIVE LICENSE ISSUED BY THE COMPETENT AUTHORITY TO THE PETITIONER, DATED 1.4.2021.

Exhibit P3 TRUE COPY OF THE CONSENT TO OPERATE DATED

1.9.2018 ISSUED BY THE POLLUTION CONTROL BOARD (RELEVANT PAGES).

Exhibit P4 TRUE COPY OF LICENSE ISSUED BY THE PANCHAYAT TO THE PETITIONER DATED 10.9.2021.

Exhibit P5 TRUE COPY OF MINING PERMIT, DATED 26.3.2019 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P6 TRUE COPY OF MINING PERMIT, DATED 3.8.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF PRINT OUT TAKEN FROM THE WEB SITE OF THE RESPONDENT DATED 23.9.2020 SUSPENDING QUARRYING.

Exhibit P8 TRUE COPY OF PRINT OUT TAKEN FROM THE WEB SITE OF THE RESPONDENT DATED 17.3.2021 REVOKING SUSPENSION.

Exhibit P9 TRUE COPY OF GO (RT) NO.203/2021/ID, DATED

12.2.2021.

Exhibit P10 TRUE COPY OF APPLICATION FOR RENEWAL OF QUARRYING PERMIT SUBMITTED BY THE PETITIONER.

Exhibit P11 TRUE COPY OF MINING PERMIT, DATED 17.9.2021 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P12 TRUE COPY OF STOCK REPORT DATED 23.2.2022 FROM

17.9.2021 TO 11.2.2022.

Exhibit P13 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED

28.1.2022.

Exhibit P14 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DY. DIRECTOR DATED

8.2.2022.

Exhibit P15 TRUE COPY OF STOP MEMO ISSUED BY THE VILLAGE OFFICER WRONGLY DATED 13/2/2022 Exhibit P16 TRUE COPY OF THE OBJECTION SUBMITTED BYTHE PETITIONER BEFORE THE VILLAGE OFFICER ON 15-1-

2022 Exhibit P17 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR (LR) DATED

20-01-2022 Exhibit P18 TRUE COPY OF THE REPORT ALONG WITH THE SKETCH PREPARED BY THE TALUK SURVEYOR, MARANELLOOR OBTAINED UNDER THE PROVISIONS OF RTI ACT, 2005 Exhibit P19 TRUE COPY OF THE PROCEEDI