IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37565 of 2010(U) ----------------------------------------- PETITIONER(S): ------------------------- K.T.SUNIL @ K.T.SUNIL KUMAR, AGED 46 YEARS, S/O.K.THANKAPPAN, KANNAMMURIYIL HOUSE, EDAPPALLY P.O., DISTRICT ERNAKULAM, PIN - 682 024. BY ADVS. SRI.C.S.MANU, SRI.S.K.PREMRAJ, SMT.SARITHA PREMRAJ, SRI.ABHILASH AKBAR, SRI.T.B.SIVAPRASAD, SMT.SUMEY CHANDRAN, SRI.V.S.PREJITH, SMT.KHADEEJA RISHBATH KALLINGAL. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF INDUSTIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE DISTRICT COLLECTOR, KOTTAYAM, PIN - 686 001. 3. THE SENIOR GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, COLLECTORATE, KOTTAYAM, PIN - 686 002. 4. THE SECRETARY, KERALA CONGRESS (M) VAIKKOM CONSTITUENCY, KOTTAYAM DISTRICT, PIN - 686141. R1 TO R3 BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 37565 of 2010 U ``````````````````````````````````````````````````````` Dated this the 20th day of December, 2010 J U D G M E N T Ext.P1 NOC was issued by the District Collector enabling the petitioner to obtain permit for mining ordinary sand. Based on Ext.P1, Ext.P2 permit was also obtained by the petitioner from the Geologist. However, in view of Ext.P3 ban order issued by the District Collector, petitioner is not permitted to mine ordinary sand. It is in these circumstances, challenging Ext.P3 order of the District Collector banning sand mining, this writ petition is filed. 2. The main contention raised by the learned counsel for the petitioner is that the District Collector has no power to ban sand mining and, therefore, Ext.P3 is illegal. As far as this contention of the learned counsel for the petitioner is concerned, the judgment of this Court in Gokuldas Vs. Geologist [2009 (3) KLT 924] upholding the power of the District Collector to issue orders in the nature of Ext.P3, is a W.P.(C) No.37565/10 : 2 : complete answer. 3. Therefore, Ext.P3 is to be upheld and I do so. 4. Be that as it may, Ext.P3 order reflects only a temporary ban and, therefore, it will be open to the petitioner to seek appropriate orders from the respondent concerned. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge