IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 WP(C).No. 13328 of 2008(J) -------------------------- PETITIONER: ------------ 1. CHACKO VARGHESE, AGED 62 YEARS, S/O.E.P.VARGHESE, VELLAPALLIYIL HOUSE, VADAVATHOOR, KOTTAYAM DISTRICT. 2. JOSSEY JOHN, J J HOMES, VADAVATHOOR, KOTTAYAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: ------------- THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/04/2008 ALONG WITH WP(C) 13329/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 13328 & 13329 of 2008 ------------------------------------- Dated: APRIL 22, 2008 JUDGMENT In these writ petitions, petitioners are objecting to the incorporation of clause 17 in Exts.P1 and P2 in WP(C) 13328/08 and Ext.P1in WP(C) 13329/08. 2. The effect of these clauses is that the petitioners will not be in a position to use pump and motor in their sand mining operations. It is seen that an issue identical to the one raised in these writ petitions has been considered by a Division Bench of this Court in Ext.P4 judgment in WP(C) 29713/2006. In that judgment, the Division Bench has held that the authorities are to consider each and every case and, depending upon the facts of each case, it is for the authorities to incorporate a clause similar to clause 17 of Exts.P1 and P2 in WP(C) 13328/08 and Ext.P1 in WP(C) 13329/08. In other words, it has been held that in all cases there cannot be incorporation of a clause as the one objected to by the petitioners, and that, depending upon the facts of each case, it is for the WP(C) 13328 & 13329 of 2008 Page numbers authorities to decide as to whether such a clause is necessary. 3. In view of the similarity of the facts of these cases with the case decided by the Division Bench in Ext.P4 judgment, I dispose of these writ petitions directing that the respondent shall consider Exts.P3 and P3(a) representations filed by the petitioner in WP(C) 13328/08 and Ext.P2 representation filed by the petitioner in WP(C) 13329/08 and pass orders thereon. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE mt/-