IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WA.No. 411 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.35030/2008 Dated 27/11/2008 .................... APPELLANTS/WRIT PETITIONERS: ------------------------------------------------- 1. SIDDIQUE, AZAD MANZIL, PADINJAREKKARA P.O., VAIKOM. 2. AMINA SIDDIQUE, AZAD MANZIL, PADINJAREKKARA P.O., VAIKOM. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY GOVT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, KOTTAYAM. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.411 of 2009 ------------------------------------------ Dated, this the 31st day of July, 2009 JUDGMENT Kurian Joseph, J. The appellants are the writ petitioners. They approached this Court challenging Ext.P7 order passed by the Geologist. The learned Single Judge disposed of the writ petition relegating the petitioners to pursue their statutory remedy. One of the main contentions taken by the appellants is that there is no statutory remedy. But, we see that an appeal lies against Ext.P7 order before the Joint Secretary to Government, Industries Department under the Minor Mineral Concession Rules. Therefore, without expressing any opinion as to the merits of the case, we dispose of the writ appeal as follows: In the event of the appellants/petitioners filing an appeal within a month from today, the same shall be treated to have been filed in time and thereafter the matter shall be considered by the appellate W.A.No.411 of 2009 - 2 - authority with notice to the appellants/petitioners and other affected parties, if any, within another three months. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns