IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 3010 of 2008(G) ------------------------------------- PETITIONER(S): ---------------------- VASUDEVAN NAIR,THAYYIL VEEDU KUNNATHOOR EAST P.O., KUNNATHUR TALUK, KOLLAM DISTRICT. BY ADV. SMT.SADHANA KUMARI ESWARI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO STATE, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR KOLLAM. 4. GEOLOGIST, MINING AND GEOLOGY KOLLAM DISTRICT. 5. DEPUTY SUPERINTENDENT OF POLICE KARUNAGAPPALLY. 6. ENVIRONMENTAL ENGINEER KERALA STATE PLLUTION CONTROL BOARD DISTRICT OFFICE, KOLLAM. R1 TO R5 BY GOVERNMENT PLEADER SMT.SUDHA DEVI R6 BY ADV. SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 3010/2008-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PERMIT ISSUED BY THE 4TH RESPONDENT DATED 02/01/2003. EXT.P2: COPY OF THE REPORT OF THE VILLAGE OFFICER, KUNNATHUR DATED 22/09/2000. EXT.P3: COPY OF THE PLAN OF PROPERTY IN RE-SY. NO.275/1, PREPARED BY VILLAGE OFFICER, KUNNATHOOR. EXT.P4: COPY OF THE JUDGMENT IN W.P.(C). NO. 15888/2007 DATED 25/05/2007. EXT.P5: COPY OF THE ORDER DATED 28/11/2007 PASSED BY THE 4TH RESPONDENT. EXT.P6: COPY OF THE REPORT OF THE POLLUTION CONTROL BOARD DATED 02/11/2007. EXT.P7: COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD DATED 30/04/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.3010 of 2008 ------------------------- Dated this the 26th day of March, 2009. JUDGMENT The petitioner challenges Ext.P5 order passed by the Geologist and Ext.P6 communication by the Pollution Control Board. 2. Insofar as Ext.P5 is concerned, I note that the same is appealable under Rule 49 of the Kerala Miner Mineral Concession Rules. It is open to the petitioner to file an appeal. If such appeal is filed within one month from today, the competent authority shall consider the same as having been filed within time and take an expeditious decision. 3. Insofar as the challenge against Ext.P6 is concerned, the same is only a proposal on the part of the Pollution Control Board to refuse to give consent to operate. The said order is independently appealable under the authorities under the Water (Prevention & Control of Pollution) Act, 1974. W.P.(C).No.3010 of 2008 :: 2 :: The writ petition is closed, reserving the liberty of the petitioner to challenge Ext.P5 and take other appropriate steps against the final order, that would be passed on Ext.P6. The appellate authority shall dispose of the appeal, if any, presented by the petitioner against Ext.P5, within a period of three months from the date of its filing. The other contentions of the petitioner are left open. Sd/- (V.GIRI) JUDGE sk/ //true copy//