IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1826 of 2008(P) ------------------------- PETITIONER: ------------ K..V.PRAKASAN, S/O. VASU, AGED 42 YEARS, BUSINESS, RESIDING AT PRAKASA VILASAM, VARIKKAN KUNNU, THALAYOLA PARAMBU VIA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------- 1. THE DISTRICT GEOLOGIST, OFFICE OF THE DISTRICT MINING AND GEOLOGY, COLLECTORATE, KOTTAYAM. 2. STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION. BY GOVERNMENT PLEADER SRI I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1826 of 2008 ------------------------------------- Dated: January 15, 2008 JUDGMENT In this writ petition Ext.P1 permit has been issued to the petitioner incorporating condition No.17, based on a judgment of this court in WP(C) 1694/04. According to the respondents, the effect of the judgment is that the petitioner will not be entitled to use pump and motor for washing ordinary sand, which he is mining. It is objecting to the said clause, this writ petition has been filed. 2. A Division Bench of this court in judgment in WP(C) No.29713/06 has already taken the view that irrespective of the facts of the case, there cannot be a clause as Ext.P17 in all cases. According to the Division Bench judgment, it is for the authorities to consider the facts of each case and take a decision as to whether such a clause prohibiting the use of pump and motor is required to be incorporated or not. In view of the similarity of the facts of this case with the facts of the case decided by the Division Bench of this court, I am satisfied that the petitioner is also entitled to the reliefs WP(C) Page numbers similar to what has been granted by the Division Bench. Therefore, I dispose of this writ petition directing that the Geologist, Mining, Kottayam, shall consider as to whether a prohibition of use of pump and motor is required to be imposed in the case of the petitioner also. ANTONY DOMINIC, JUDGE mt/-