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2025 Supreme(Online)(Ker) 53753

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
RENJITH V – Appellant
Versus
THE DIRECTOR OF MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.M.ZIRAJ, SHRI.IRFAN ZIRAJ
For the Respondents: SHRI.HARIKRISHNAN M.S., SRI.SHAKTHI PRAKASH, SRI.K.DHRUV KUMAR, SRI.VISHNU VIJAYAN, SRI.S.SREEKUMAR (SR.), SRI.M.P SREEKRISHNAN, SRI.T.NAVEEN

Table of Content
1. challenging quarrying permit due to lack of clearance. (Para 1)
2. arguments regarding the validity of the supreme court order. (Para 2 , 5)
3. court's acceptance of the 9th respondent's entitlement. (Para 3 , 7)

JUDGMENT

The petitioner approached this Court seeking to quash Ext.P1/quarrying permit, in favour of the 9th respondent, for want of a valid Environmental Clearance issued by the competent authority. A declaration to this effect is sought for in the light of Ext.P4 judgment of the Hon’ble Supreme Court. When this Writ Petition was moved, this Court passed an interim order restraining the 9th respondent from conducting any quarrying operations in the subject premises.

2. Today, when the matter is taken up for consideration, Sri. S.Sreekumar, learned Senior counsel, duly instructed by Adv.Harikrishnan M.S, on behalf of the 9th respondent, would submit that the question as to whether a concessionaire will be entitled to the benefit of Ext.P5 clarificatory order issued by the Hon’ble Supreme Court - so long as the concessionaires perform the work of N.H.A.I - has been answered by a Division Bench of this Court in a reference made by a learned Single judge. The r

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