IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 7609 of 2009(U) --------------------------------------------- PETITIONER(S): --------------------- 1. HASEEN.A. SALAM, AGED 34 YEARS, S/O. LATE HAJI.E.M, ABDUL SALAM, VILLOOR VEEDU, KADAKKAL.P.O, KOLLAM. 2. NAZEERA BEEVI.M, AGED 57 YEARS, W/O. LATE HAJI.EM, ABDUL SALAM, VILLOOR VEEDU, KADAKKAL.P.O, KOLLAM. 3. HAREEF A. SALAM, AGED 32 YEARS, S/O. LATE HAJI.EM, ABDUL SALAM, VILLOOR VEEDU, KADAKKAL.P.O, KOLLAM. 4. HADIF.A. SALAM, AGED 30 YEARS, S/O. LATE HAJI.EM, ABDUL SALAM, VILLOOR VEEDU, KADAKKAL.P.O, KOLLAM. 5. SHEEJA HASEEN, AGED 30 YEARS, W/O. LATE HASEEN A. SALAM, VILLOOR VEEDU, KADAKKAL.P.O, KOLLAM. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, KOLLAM. 3. DEPUTY TAHSILDAR (RR), TALUK OFFICE, KOTTARAKKARA. 4. VILLAGE OFFICER, KADAKKAL, KOTTARAKKARA. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 7609 OF 2009 U -------------------------------------- Dated this the 26th March, 2009 JUDGMENT Petitioners are the legal representatives of one late Haji E.M. Abdul Salam. It is stated that he was the Chairman of a Trust and it started a College and it decided to construct a pond in the campus for providing drinking water and to use the assorted sand for plastering the college building. It is stated that the request was originally given to the Revenue Divisional Officer, Kollam who granted sanction for digging a pond. But, the RDO did not grant sanction to use the sand for plastering the college building. It is further stated that the sand was collected near the pond itself. Now the petitioners challenge Exts.P5 to P14. 2. I heard the learned counsel for the petitioners and the learned Government Pleader. It is pointed out by the learned Government Pleader that there was a proceeding and after WPC.7609/09 U 2 issuing notice to the predecessor in interest of the petitioners, orders were issued, but they were returned back noting the death of the predecessor in interest. Today, the learned Government Pleader handed over a copy of the decision to the learned counsel for the petitioners. Learned Government Pleader points out that it is open to the petitioners to approach the Appellate Authority under Rule 49 of the Kerala Minor Mineral Concession Rules, 1967. To the argument of the counsel for the petitioners that the very proceeding by the Geologist is without jurisdiction and it is only the State Government which can fix and recover the amount. It is pointed out that there is delegation apparently under Rule 62. Of course, counsel for petitioners disputes this. I feel that the petitioners can be relegated to prefer Appeal if they are otherwise competent to challenge the order, a copy of which has been served on the counsel for the petitioners today. Without prejudice to the right of the petitioners, if so advised, to approach the Authority under Rule 49 of the Kerala WPC.7609/09 U 3 Minor Mineral Concession Rules, the Writ Petition is disposed of. The impugned proceedings will be kept in abeyance for a period of three weeks from today. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge