IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 32611 of 2011(B) -------------------------- PETITIONER(S): --------------- C.P.AJAYAGOSH, S/O.PADMANABHAN, CHULLUTHARAYIL HOUSE, MAMALA P.O. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING AND GEOLOGY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001. 2. SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KAKKANAD, ERNAKULAM-682 030. 3. AJI.J.PARAMBAN, PARAMBATH HOUSE, THIRUVANIYOOR P.O., ERNAKULAM DISTRICT, PIN-682 308. GOVT.PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32611/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF THE QUARRYING PERMIT DATED 1/1/2009 NO.166/08- 09 ISSUED BY the 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P1(A): TRUE COPY OF THE QUARRYING PERMIT DATED 27/1/2010 NO.194/09-10 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P1(B): TRUE COPY OF OWNERSHIP AND POSSESSION CERTIFICATE OF 3RD RESPONDENT'S PROPERTY ISSUED BY the VILLAGE OFFICER DATED 27/8/2011. EXHIBIT P2: TRUE COPY OF THE CONSENT LETTER DATED 7/9/2011 SUBMITTED BY 3RD RESPONDENT BEFORE THE 2ND RESPONDENT CONSENTING TO THE ISSUANCE OF QUARRYING PERMIT TO THE PETITIONER. EXHIBIT P3: TRUE COPY OF THE LETTER DATED 2/11/2011 NO.DOE/2840/D2/11 ISSUSED BY THE 2ND RESPONDENT. EXHIBIT P4: TRUE COPY OF THE APPLICATION UNDER THE RTI ACT DATED 14/11/2011 SUBMITTED BY THE PETITIONER. EXHIBIT P5: TRUE COPY OF THE REPLY ISSUED UNDER THE RTI ACT TO THE PETITIONER DATED 17/11/2011. EXHIBIT P6: TRUE COPY OF THE SURPRISE CHECK REPORT DATED 29/10/2009 OBTAINED UNDER THE RTI ACT. EXHIBIT P6(A): TRUE COPY OF THE LETTER DATED 24/7/2010 ISSUED BY THE GEOLOGIST TO THE DISTRICT COLLECTOR NO.DOE/3152/EZ/2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32611 OF 2011 ===================== Dated this the 8th day of December, 2011 J U D G M E N T The challenge in the writ petition is against Ext.P3, an order passed by the Geologist rejecting an application made by the petitioner for quarrying permit. Here the reason stated is that there was unauthorised quarrying and that until the said issue is settled, the request of the petitioner cannot be considered. 2. Though it is the case of the petitioner that there has not been any consideration of his application on merits and that the quarrying that was conducted by him was on the basis of a valid permit, in my view, these are matters for the petitioner to urge before the authority who is to consider the appeal, which the petitioner is entitled to file against Ext.P3 invoking Rule 49 of the Kerala Minor Mineral Concession Rules. Therefore, with that liberty, the writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp WPC No. :2 :