IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 10982 of 2007(G) -------------------------- PETITIONERS: --------------- 1. U.SAJEEVAN, S/O.KANDUNNI, KORATHODI VEEDU, KADUKKAMKUNNAM, PALAKKAD. 2. A.MOHAMMED HAJI, ANGAVALPARAMBA, AKETHETHARA, PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE TAHASILDAR, ALATHUR, PALAKKAD. 3. THE VILLAGE OFFICER, MATHUR II VILLAGE, MATHUR, ALATHUR, PALAKKAD. 4. THE GEOLOGIST, MINING AND GEOLOGY, PALAKKAD. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10982/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PERMIT NO.1333/DOP/7752/06/A7 DT.23.12.2006 OF THE OFFICE OF THE 4TH RESPONDENT which EXPIRED ON 22/1/2007. EXT.P2 TO P2G:TRUE COPIES OF THE P. FORM PASS ISSUED TO THE 1ST PETITIOENR BY THE 4THR ESPONDENT DT.1.1.07. EXT.P3: TRUE COPY OF the APPLICATION FROM THE 2ND PETITIONER TO THE 3RD RESPONDENT DT.23.11.06. EXT.P4: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 5.12.2006. EXT.P5: TRUE COPY OF THE SURVEYPLAN DATED 6.12.2006. EXT.P6 & P6A:TRUE COPY OF THE CONSENT LETTER FROM THE FIRST PETITIONER IN FAVOUR OF THE 2ND PETITIONER DT.7.12.2006. EXT.P7: TRUE COPY OF THE APPLICATION DT.23.1.2007. EXT.P8: TRUE COPY OF THE CHELLAN FOR PAYMENT OF ROYALTY OF RS.5000/- DT.22.12.2006. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 10982 OF 2007 G ==================== Dated this the 19th day of February, 2008 J U D G M E N T The prayer sought for in this writ petition is to direct the 4th respondent to issue the renewed permit and P form pass to the petitioners under the Kerala Minor Mineral Concession rules considering Ext.P3 application. Ext.P3 is an application made to the Village Officer and the competent authority to consider the request for permit is the Geologist. Petitioners refer to Ext.P7 and contends that such an application was in fact made, but in para 4 of the counter affidavit filed by the 4th respondent, it is stated that he has not received any such application from the petitioners. The averment in the counter affidavit has not been controverted by the petitioners in any manner. Since in the counter affidavit filed by the 4th respondent, it is stated that the competent authority has taken the stand that he has not received any application from the petitioners, there is no question of WPC 10982/07 :2 : directing the 4th respondent to consider the application and pass orders thereon. Writ petition is dismissed. ANTONY DOMINIC,JUDGE. Rp