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2026 Supreme(Online)(Ker) 23021

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
UDAYAN S. – Appellant
Versus
THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NIDHIN RAJ VETTIKKADAN, SMT.ANJALA NAZRIN SUBAIR, SRI.ANJO FRANCIS, SMT.MEERA NAIR.I.P, SRI.JOBI JOSE KONDODY
For the Respondents: SRI.AJITH VISWANATHAN, SRI.M.P.SREEKRISHNAN, SRI.AMAL PARTHASARADHY, SRI.M.R.SASITH, SRI.K.SIJU, SMT.ANJANA KANNATH, SMT.SAFNA P.S., SRI.GAUTHAM SIJU, SRI.T.NAVEEN

Table of Content
1. challenge to ext.p8 order (Para 1)
2. arguments against refusal of permit (Para 2 , 3 , 4 , 5 , 6)
3. judicial determination and conclusion (Para 7 , 8)

C. JAYACHANDRAN, J.

------------------------------------

W.P.(C) No.23252 of 2025 ------------------------------------

Dated this the 24th day of March, 2026 J U D G M E N T Ext.P8 Order issued by the 5th respondent-Grama Panchayat, is under challenge in this writ petition. As per Ext.P8, an application preferred by the petitioner for a permit, as well as for a 'No Objection Certificate' for conduct of a quarry has been rejected, stating various reasons, about which further reference will be made hereunder.

2. The first reason stated in Ext.P8 is that the property, having an extent of 0.9882 Hectares, over which quarrying is proposed to be done, is lying as a steep slope and the quarrying, if permitted, would affect the drinking water facility of the persons in the locality, besides causing damage to the Kallada Irrigation Project Canal. As regards this ground, it is the contention of the learned counsel for the petitioner that the matter is liable to be governed by Section 40 (2) of the Kerala Irrigation and Water Cons

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