IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 35862 of 2008(T) ------------------------------- PETITIONER : ------------------- V.A.SHABEER, AGED 30 YEARS, S/O.ABDUL KHADER, VELLACHALIL HOUSE, AMBALLUR P.O., ERNAKULAM DISTRICT. BY ADV. MR. JOBI JOSE KONDODY RESPONDENTS: ---------------------- 1. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM. * 2. MANIKANTAN NAIR, MANGARA HOUSE, MEVALLOOR, KOTTAYAM. BY MR. P.N. SANTHOSH, GOVERNMENT PLEADER MR. P.P.JACOB -.R2. (* ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 3/02/2009 IN I.A NO.1652/09) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAEY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 35862 of 2008 ------------------------------------ Dated this the 3rd day of March, 2009 JUDGMENT Petitioner submits that he was issued Exhibit P1 permit for mining sand. Subsequently, he made Exhibit P2 application to the respondent, requesting that he be permitted to use pump and motor for the process of sand mining. Orders were not passed and therefore this writ petition has been filed. Learned Government pleader objects to the request made relying on the Circular issued by the Director of Mining Department, which according to him, imposes a prohibition on the use of pump and motor. Be that as it may, now that the petitioner is only seeking a direction to the respondent to consider and pass orders on Exhibit P2 referred to above, I direct the first respondent to consider Exhibit P2 application made by the petitioner and pass orders thereon. Orders shall be passed as expeditiously as possible, at any rate, within two weeks of production of copy of this judgment. ANTONY DOMINIC, JUDGE scm