High Court Kerala High Court

O.Sivarajan vs The Secretary on 17 November, 2009

Kerala High Court
O.Sivarajan vs The Secretary on 17 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5397 of 2009(T)


1. O.SIVARAJAN, S/O.UNNIKELU, AGED ABOUT
                      ...  Petitioner

                        Vs



1. THE SECRETARY, OMASSERRY GRAMA
                       ...       Respondent

2. GEOLOGIST, MINING AND GEOLOGY

3. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.B.N.SHIVSANKAR

                For Respondent  :SRI.V.RAJENDRAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :17/11/2009

 O R D E R
               THOTTATHIL B. RADHAKRISHNAN, J.
                       --------------------------------------
                        W.P.(C) No. 5397 OF 2009
                       --------------------------------------
             Dated this the 17th day of November, 2009

                              J U D G M E N T

~~~~~~~~~~~~~

The petitioner seeks direction to issue a quarrying licence. He

seeks that direction against the Panchayat, on the ground that he

has all other licences. But, with the passage of time and the

disposal of W.P.(C) No.32990/2008 filed by a third party against the

owner of the land, the petitioner confines his request to be that the

Panchayat may consider his application for licence to store the

quarried granite for sale and disposal since he is not now carry on

the quarrying, as he is awaiting the renewal of the licences by other

authorities to facilitate quarrying.

2. In the aforesaid background, this Writ Petition is ordered

directing that the petitioner’s application that may be filed for licence

of the Panchayat, to store and sell the granite in terms of the

licences that he had, will be considered by the Panchayat and

orders issued within a period of three weeks from the date of receipt

of a copy of this judgment. If the petitioner produces all necessary

W.P.(C) No.5397/2009 2

licences for quarrying at any later point of time, his applications for

Panchayat licence, to quarry, shall also be considered, in accordance

with law. All other issues on merits are left open.

THOTTATHIL B.RADHAKRISHNAN,
Judge

ps