IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 30218 of 2011(B) -------------------------- PETITIONER(S): ----------------------- JAMAL K.A., AGED 68 YEARS, S/O.ABDUL RAHIMAN, KARIYIL PUTHENPURAYIL HOUSE K.S.MANGALAM P.O, VAIKOM, KOTTAYAM DT. BY ADV. SRI.C.AJITH KUMAR (KALLESSERIL) RESPONDENT(S): ------------------------ 1. THE SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. SR.GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, ALONG WITH WPC NO. 30219 OF 2011 & WPC NO. 30220 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30218/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REPORT DT 19.7.11 SUBMITTED BY THE ADVOCATE COMMISSIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) Nos. 30218, 30219 & 30220 OF 2011 ======================= Dated this the 30th day of November, 2011 J U D G M E N T Petitioner in WP(C) No.30218/11 is a holder of permit for mining ordinary sand from the land comprised in Sy.No.46/5A, 5C and 5D of Kulasekharamangalam Village in Vaikom Taluk. In so far as the petitioner in WP(C) No.30219/11 is concerned, he too has obtained similar permit in respect of property comprised in the aforesaid survey number itself. In so far as the petitioner in WP(C) No.30220/11 is concerned, he also possess a mining permit in respect of the property comprised in Sy.No.82/4 of the same village. 2. According to the petitioners, while issuing mining permits, in terms of the conditions of the Kerala Minor Mineral Concession Rules, they had furnished bank guarantees. It is stated that after mining was over, they filled the mined pits and approached the respondents to get the bank guarantees furnished by them released. It is stated that when that was refused, they approached the Civil Court and Civil Court WPC No.30218, 30219 & 30220/11 :2 : appointed an Advocate Commissioner, who has also filed reports indicating that the mining pits have been filled up. It is stated that despite such reports, bank guarantees are not released and therefore the writ petitions are filed. 3. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, reports have been made and in so far as WP(C) Nos.30218/11 and 30219/11 are concerned, reports have been submitted by the Village Officer to the effect that no mining activities are going on. In so far as the petitioner in WP(C) No.30220/11 is concerned, learned Government Pleader submits that a case of misuse of P Form is pending against the petitioner. According to the learned Government Pleader, it was on account of the aforesaid reasons that the Bank guarantees have not been released. 4. The Bank guarantees in question have been furnished to ensure that the mining pits are properly filled up by the permit holders. Respondents have no case that there are any unfilled mining pits. If that be so, there is no reason why the bank guarantees should be withheld by the respondents. The fact that a P form has been misused or that a case in that regard is WPC No.30218, 30219 & 30220/11 :3 : pending also cannot be reason for withholding bank guarantee as now done by the respondents. In such circumstances, in the absence of allegation that the mining pits are remaining unfilled, the petitioners are entitled to get their bank guarantees released. Therefore, I dispose of these writ petitions directing that, on the production of a copy of this judgment, if necessary, after conducting inspection of the sites in question and if no mining pits are found unfilled, the bank guarantees furnished by the petitioners while obtaining mining permits shall be released to them forthwith. ANTONY DOMINIC, JUDGE Rp