VALLAMATTOM STONE AGGREGATES (P) LTD, REP BY MANAGING DIRECTOR Vs. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Material facts for the disposal of the writ petition are as follows:

(3.) Petitioner is a Private Limited Company engaged in quarry and crusher business. Petitioner has entered into a lease arrangement, evident from Ext.P1, to conduct quarrying operations and crusher unit in an extent of 0.2060 hectares of properties comprising in Survey No.893/1 (Pt) of Arakuzha Village, Ernakulam District. The case of the petitioner is that, petitioner is not selling laterite stones and the entire laterite stones are used in crusher. It is also stated that, blasting operations are conducted by the petitioner only in the areas measured out and demarcated by the respondents. Ext.P2 is the certificate issued by the Village Officer dated 27.04.2015, earmarking the area of operation of the petitioner. According to the petitioner, a neighbouring quarry owner has filed W.P.(C) No.25311 of 2012 before this Court, alleging that demarcation of leasehold rights given to various quarry owners are marred by mistakes and in the said writ petition, an Advocate Commissioner was appointed to measure out the property with the assistance of the Taluk Surveyor. In fact, a total survey was conducted by the Taluk Surveyor, pursuant to the direction issued by this Court, and submitted Ext.P3 survey report, stating that petitioner herein is conducting blasting only in an extent of 1.76 acres, that means, in an area of 30.566 cents less than the leasehold right granted to the petitioner.