IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 10189 of 2011(W) -------------------------- PETITIONER(S): --------------- JAYA BLAGANGADHARAN,R-7,JAI NAGAR, MEDICAL COLLEGE.P.O,THIRUVANANTHAPURAM-11. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,INDUSTRIES DEPARTMENT(A), SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY,KESAVADASAPURAM, THIRUVANANTHAPURAM-695004. 3. THE DISTRICT GEOLOGIST,DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,KESAVADASAPURAM, THIRUVANANTHAPURAM-695004. 4. THE DISTRICT COLLECTOR,COLLECTORATE, CIVIL STATION,KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695006. GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................... W.P.(C).10189/2011 ....................... Dated this the 11th day of April, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). a writ of mandamus or other appropriate writ, order or direction the respondents to issue movement permits to the petitioner in respect of petitioner's clay mine at Thonnakkal (ii). A writ of mandamus or other appropriate writ, order or direction the respondents to consider and pass orders on the application for renewal of mining lease forthwith. 2. Learned counsel for the petitioner submits that in spite of the expiry of the mining lease on 31.12.2009 and that the petitioner has already preferred an application for renewal of the said lease, which is still pending consideration, the petitioner has been denied of issuing any 'movement permits' with effect from 1.4.2011, whereby the rights and interests of the petitioner have been adversely affected, as the petitioner has been virtually prevented from supplying the W.P.(C).10189/11 2 'China Clay' to the concerned parties, in furtherance to the work contract awarded; which made the petitioner to approach this Court. 3. Heard the learned Government Pleader as well. 4. During the course of hearing, it is asserted by the learned counsel for the petitioner that there is a deeming provision, by virtue of which the matter could be considered facilitating the mining lease could be renewed and as a consequence, the petitioner is eligible for the 'movement permits' to be issued by the concerned authority. This Court does not intend to express anything on the merits; particularly with regard to the averments raised by the petitioner with reference to Rule 24B of Kerala Minor Mineral Concession Rules, 1967. More so, since the matter is pending for consideration before the Government and an independent decision has to be taken by the Government in this regard, the first respondent is directed to consider the application preferred by the petitioner for renewal of the W.P.(C).10189/11 3 mining lease and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. 5. It is made clear that, if the mining lease has been renewed in favour of the petitioner, necessary 'movement permits' shall be issued to the petitioner within one week thereafter. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs