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THE KUMARAKOM LIME SHELL CO

High Court of Kerala

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THE KUMARAKOM LIME SHELL CO-OPERATIVE v. THE GEOLOGIST, DISTRICT OFFICE OF THE - OP No. 6503 of 2002(Y) [2007] RD-KL 1018 (12 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 6503 of 2002(Y)

1. THE KUMARAKOM LIME SHELL CO-OPERATIVE
... Petitioner

Vs

1. THE GEOLOGIST, DISTRICT OFFICE OF THE
... Respondent

For Petitioner :SRI.GEORGE POONTHOTTAM

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :12/01/2007

O R D E R

S. SIRI JAGAN, J.

```````````````````````````````````````````````````` O.P. No. 6503 OF 2002 Y ````````````````````````````````````````````````````

Dated this the 12th day of January, 2007



J U D G M E N T

The petitioner challenges Ext.P3 order of the Geologist of the District Office of the Department of Mining and Geology, Alappuzha, whereby it was held that the mining of lime shell done by the petitioner without licence is in violation of the Mines and Minerals (Regulation and Development) Act, 1957. The petitioner now submits that in view of the passage of time, it is not necessary now to consider the validity of Ext.P3 except in regard to the release of the lime shells seized. In Ext.P3, the Geologist directed that the lime shell seized and kept under the custody of the Geologist shall be released only after the final verdict of the Judicial First Class Magistrate Court, Ramankary in respect of the same subject matter. The petitioner submits that the criminal proceedings initiated against the petitioner have been quashed by this court in the decision of Lalithambika

Vs. State of Kerala reported in 2004 (1) KLT 917. In the above

circumstances, I direct the Geologist to consider the release of the lime shell seized from the petitioner on the basis of the above said judgment. The original petition is disposed of as above.

(S. SIRI JAGAN, JUDGE)

aks

S. SIRI JAGAN , J.

OP No.6503/02 Y

J U D G M E N T

12th January, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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