IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 3778 of 2011(V) ------------------------------------ PETITIONER(S): ---------------------- A. RAMESH BABU, S/O.LATE KANARAKUTTY, ADUVATTIL HOUSE, CHELANNOOR P.O., KOZHIKODE TALUK & (DT.) BY ADV. SRI.PHILIP ANTONY CHACKO, SRI.P.M.SEBASTIAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT,CIVIL STATION, KOZHIKODE, PIN- 673 020. 3. THE SUPERINTENDENT OF POLICE (RURAL), SUPERINTENDENT OF POLICE OFFICE, KOZHIKODE(DT.), PIN- 673 001. 4. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOZHIKODE(DT.), PIN- 673 020. 5. THE TAHSILDAR, KOZHIKODE TALUK, KOZHIKODE (DT.), PIN- 673 020. 6. SUB INSPECTOR OF POLICE, KAKKOOR POLICE STATION, KOZHIKODE TALUK, KOZHIKODE (DT.), PIN- 673 619. WP(C) NO. 3798/2011-V 7. VILLAGE OFFICER, CHELANNOOR, KOZHIKODE TALUK, KOZHIKODE (DT.), PIN- 673 616. 8. P. SASIKUMAR, S/O.GOPALAN, PANAMBIL HOUSE, POST KANNANKARA, (VIA) CHELANNOOR, KOZHIKODE TALUK, KOZHIKODE (DT.), PIN- 673 616. R1 TO R7 BY GOVT. PLEADER MR.T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).No.3778 OF 2011 ------------------------------------ Dated this the 10th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Having regard to the nature of order being issued hereunder, notice to the 8th respondent dispensed with, preserving his right for re-hearing of the matter, if aggrieved. Heard learned counsel for the petitioner and learned Government Pleader for respondents 1 to 7. The petitioner is one among the parties to a civil suit pending before the Sub Court, Kozhikode. He says that, that is a suit for partition between him and siblings. The allegation in this writ petition is that the 8th respondent, who was granted some right to do mining activities, is carrying on such activities beyond the licence period and contrary to law in as WPC.3778/11 2 much as, as of now, the 8th respondent does not have any permission. This is an issue that the petitioner can press before the civil court in appropriate suit or present before the second respondent District Collector or the 4th respondent Geologist who are duty bound to ensure that there is no mining activity in the State of Kerala in the respective territories under their jurisdiction except in accordance with the law governing mining activities. Under such circumstances, we order that any complaint pending before the 2nd or 4th respondent will gain attention and appropriate orders will be issued thereon within a period of three weeks from the date of receipt of a copy of this judgment. All other issues on merits left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.10/2.