IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 9860 of 2009(B) ------------------------- PETITIONER: ------------------- ANIL THOMAS, ELAMBASSERIL, VAIKAPRAYAR P.O., VAIKOM. BY ADV. SRI.S.RADHAKRISHNAN SRI.S.RAJ MOHAN SMT.S.ARCHANA RESPONDENT(S): ------------------------ 1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, BACKOR JUNCTION, KOTTAYAM, 2. THE REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM DISTRICT. 3. THE TAHSILDAR, VAIKOM TALUK, VAIKOM. 4. THE VILLAGE OFFICER, VADAKKEMURI VILLAGE, UDAYANAPURAM P.O., VAIKOM. GOVERNMENT PLEADER FOR R3 SRI.T.K.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010, ALONG WITH WPC NO. 9314 OF 2009 . THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 9860 of 2009 APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE CONSENT LETTER EXECUTED IN FAVOUR OF THE PETITIONER DATED 2.3.2009 P2: COPY OF THE PERMIT NO.987/08-09/OS/QP/479/DOY/ML/09 DATED 7.3.2009 P3: COPY OF THE MAHAZAR DATED 21.3.2009 P4: COPY OF THE STOP MEMO DATED NIL ADDRESSED TO MR.ALEXANDER P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 23.3.2009 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J -------------------------------------- W.P.(C).Nos. 9860 of 2009 & 9314 of 2009 ------------------------------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT Petitioners in these writ petitions are aggrieved by the stop memos issued by the Village Officer prohibiting them from continuing mining ordinary sand. 2. Petitioner in W.P(C)No.9860/2009 contended that he was issued Ext.P2 mining permission entitling him to mine ordinary sand from 7.96 ares of land in Survey No.167/5-2 of Vadakkemury Village. In so far as, the petitioner in W.P(C) No.9314/2009 is concerned, he has been issued Ext.P7 permit under the Kerala Minor Minerals Concession Rules enabling him to mine ordinary sand from 8.09 ares of land in Survey No.167/6 of Vadakkemuri Village. 3. While, according to the petitioners, they have mined ordinary sand from the aforesaid extent of land, stop memos have been issued on the allegation that in the process of mining, the petitioners have violated provisions of Kerala Land Utilisation order. In the Counter affidavit, the Tahsildar raised the contention that on the strength of the permits obtained, petitioners have W.P.(C).Nos. 9860 of 2009 & 9314 of 2009 2 mined ordinary sand from areas beyond what is permitted in the mining permits issued by the Geologist. It is therefore, stated that in that process, they have violated the conditions of the mining permits. 4. If, as a matter of fact, conditions of the mining permits have been violated, it is a matter for the Geologist, who has issued the mining permits to initiate appropriate action. In this case, stop memos were issued by the Village Officer and affidavits have been filed by the Tahsildar. Since, the matter involves violation of the conditions of the permits issued by the Geologist, I direct that on production of the copy of this judgment, the 1st respondent will inspect the lands in relation to which, the aforesaid permits were issued to the petitioners and on such inspection, if he finds any violation of the mining permits, appropriate action will be taken against the petitioners. On the other hand, if conditions are not found violated, they will be allowed to appropriate the sand detained. 5. The inspection shall be done within six weeks of production of a copy of this judgment. It will be open to the Geologist to take assistance of the revenue officials so that the W.P.(C).Nos. 9860 of 2009 & 9314 of 2009 3 property in respect of which permits have been granted can be identified properly. 6. Petitioners to produce a copy of this judgment to the Geologist for compliance. 7. It is made clear that, once the Geologist passes orders in pursuance to the aforesaid directions, parities will be governed by such order and not by stop memos issued by the Village Officer. ANTONY DOMINIC JUDGE dmb