IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13770 of 2011(U) -------------------------- PETITIONER: --------------- MATHEW P.V., S/O.VARKEY, AGED 60, PULINIKKUMTHADATHIL, S.R.M.ROAD, KOCHIN-18. BY ADV. MR. S.SREEKUMAR MR. P.MARTIN JOSE MR. M.A.MOHAMMED SIRAJ MR. P.PRIJITH RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM. 2. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM. BY SENIOR GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 13770 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of May , 2011 JUDGMENT The grievance projected in this Writ Petition is that, Ext. P7 order dated 03.01.2011 passed by the first respondent cancelling Ext. P4 'No - Objection Certificate' issued under Rule 5 (5) of the Kerala Mineral Mineral Concession Rules, 1967 is without any proper notice to the petitioner. 2. The learned counsel for the petitioner with reference to the contents of the writ petition submits that, the petitioner is the owner of the land in question covered by Exts. P1 and P2 documents; that Ext. P4 NOC was granted by the first respondent, pursuant to which, Ext. P5 and P6 orders were passed by the concerned Geologist/second respondent giving requisite permission for mining operation and that the petitioner was carrying out the quarrying operations accordingly. It was in the meanwhile, that Ext. P7 order was issued by the first respondent on a fine morning, cacelling Ext. P4 NOC, without any notice, which hence is sought to be intercepted by this Court. 3. Heard the learned Government Pleader as well. 4. Going through the materials on records, this Court finds that W.P. (C) No. 13770 of 2011 : 2 : there is considerable force in the submission made from the part of the petitioner, in so far no references have been made in Ext. P7 as to any notice before the cancellation of NOC. It is seen that, Ext. P4 NOC has been cancelled, as per Ext. P7, without complying with the principles of natural justice and hence is liable to be intercepted by this Court. It is ordered accordingly. Ext. P7 is set aside, however, without prejudice to the rights and liberties of the first respondent to pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner. The Writ Petition is allowed. No Cost. It is made clear that all contentions with regard to the other aspects are left open. P. R. RAMACHANDRA MENON, JUDGE kmd