Petitioner obtained Ext.P1 permit for extracting granite stones. For that purpose the petitioner requires to remove sand and ordinary earth from the top portion of the property and transport the same. Though the petitioner applied for P-form, the respondent authority has not issued the same. 2. It is not in dispute that in order to carry on quarrying operation, the petitioner will have to remove the top portion of the earth and for that purpose, necessary orders are required in terms with the Kerala Minor Mineral Concession (Amendment) Rules, 2012. For that purpose, I do not think that the petitioner should seek No Objection Certificate (NOC) either from the State Environmental Impact Assessment Authority or from the District Collector.
3. The learned Government Pleader however
W.P.(C).No.15840 of 2014 2
submits that there is a ban for quarrying operation for a period till 31/07/2014. In such circumstances, the directions issued by this Court shall be made applicable only after the above date.
4. Under these circumstances, this writ petition is disposed of as under:
There will be a direction to the respondent to consider Ext.P2 and pass appropriate orders within a period of one month from the date of receipt of a copy of this judgment, without insisting for NOC from the District Collector, or State Environmental Impact Assessment Authority. However, the respondent shall conduct all necessary inspection and ascertain the quantity to be removed in accordance with the procedure prescribed. It is made clear that the orders shall be passed only after the ban is lifted.
Sd/-A.M.SHAFFIQUE JUDGE MJL