IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20452 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------ M.HARI, S/O.KUNHUNNI, AGED 47 YEARS, RESIDING AT MELEPPURATH HOUSE, CHERAMANEYENGAD P.O., THRISSUR DISTRICT-680 604. BY ADVS. SRI.SANTHEEP ANKARATH, SRI.SUMODH MADHAVAN NAIR. RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001. 2. GEOLOGIST, DISTRICT OFFICE, PALAKKAD DISTRICT, PALAKKAD-678 001. 3. TAHSILDAR, TALUK OFFICE, OTTAPALAM-679 101. R1 TO R3 BY GOVERNMENT PLEADER SMT. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20452/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PERMIT DTD. 11/07/2011 VALIE UPTO 10/08/2011 ISSUED BY GEOLOGIST, DEPT. OF MINING AND GEOLOGY, PALAKKAD. P2: COPY OF NOTICE NO.DOP/1462/2011/A1 DTD. 23/07/2011 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE STOP MEMO DTD. 23/7/2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 20452 OF 2011 ------------------------------------------------- DATED THIS THE 27th DAY OF JULY, 2011 J U D G M E N T Exhibit P1 is the mining permit issued to the petitioner which is valid upto 10-08-2011. While the licence was in force without issuing any notice to the petitioner or giving him an opportunity to make his representation, Ext.P2 has been issued cancelling Ext.P1 permit. Based on Ext.P2 a stop memo was also issued. 2. It is contended that cancellation of permit without notice to the petitioner is in violation of natural justice. 3. A reading of Ext.P2, substantiates the contention of the petitioner that he was not issued any notice or afforded any opportunity before it was issued. Therefore, Ext.P2 cannot be sustained. 4. In view of the above, I dispose of the writ petition with the following directions: 5. Exhibit P2 will be treated as show cause notice and the petitioner shall file his objection to Ext.P2 within seven days from today. On the filing of the objection as above the 2nd respondent shall consider the matter afresh and pass orders in the matter. W.P.(C) No.20452/2011 -2- 6. Until then, Ext.P3 will remain in force and if the petitioner succeed in his representation it will be open to the petitioner to apply for extension of the licence period. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. Sd/- ANTONY DOMINIC JUDGE AMG True copy P.A to Judge