IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21087 of 2008(I)
1. BABU K.N. S/O NARAYAN, MOOTHRATHILKARA,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, THRISSUR.
... Respondent
2. THE GEOLOGIST, DEPARTMENT OF
For Petitioner :SRI.H.BADARUDDIN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :16/09/2008
O R D E R
V. GIRI, J.
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W.P.(C).21087 of 2008
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Dated this the 16th day of September, 2008
JUDGMENT
The petitioner submitted an application
Ext.P1 before the 2nd respondent seeking quarrying
permit in terms of the Miner Mineral Rules for
extracting ordinary sand from the land having an
extent of 0.4765 hectares. Ext.P1 application is
pending in this regard before the 2nd respondent.
The petitioner is aggrieved by the delay in
considering the application as such.
2. Learned Government Pleader submits
that the competent authority, the Geologist, who
is to consider the application, would possibly
have to take note of the opinion, if any, given
by any authority regarding the ecological and
other relevant matters. Obviously, while
exercising the statutory powers, if the Rules
provide for taking such factors also into
consideration and such factors are available, the
Geologist will be entitled to take into account
any such factors, before considering the
application filed by the petitioner.
In the result, the writ petition is
disposed of directing the 2nd respondent to
W.P.(C).21087 of 2008
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consider and pass orders on Ext.P1 in accordance
with law, after hearing the petitioner, within a
period of six weeks from the date of receipt of a
copy of this judgment.
Sd/-
(V.GIRI)
JUDGE
sk/-
//true copy//
P.S. To Judge