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2018 Supreme(Online)(KER) 61910

HIGH COURT OF KERALA
V. G. Arun, J
ABDUL NAZAR P – Appellant
Versus
ADDITIONAL DISTRICT MAGISTRATE – Respondent


JUDGMENT

The petitioner was conducting a quarry in 34 cents of land comprised in resurvey No.154/2 of Block No.II in Kalpetta village, Vythiry taluk in Wayanad District. The petitioner contends that the quarry was being conducted on the strength of license/consent obtained from the statutory authorities. It is the petitioner's admitted case that the quarrying permit, which was renewed from time to time was valid only up to 9.1.2015. The integrated consent to operate issued by the Kerala State Pollution Control Board was valid till 9.1.2015. The D&O license issued by the Panchayath was valid till 10.6.2015. The short firers' license obtained by the petitioner is valid up to 19.5.2019. The explosive license (Form LE-3), was valid only till 1.3.2013. In spite of the requisite statutory license/consent having expired, the petitioner demand that his challenge against Ext P11 order has to be decided on merits, since it would be possible for him to renew the license/consent once a decision is rendered in this Writ Petition.

2. The facts leading up to the issuance of Ext P11 is as under: On

4.11.2011, the fifth respondent had issued a letter to the second respondent requesting to stop the ope

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