IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 4681 of 2009(G) ------------------------- PETITIONER(S): --------------- M/S.THOMSON GRAPHITE MINES AND CRUCIBLE WORKS, REPRESENTED BY ITS MANAGING PARTNER, COMPANYMUKKU, VELLANAD P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO INDUSTRIES (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 3. SENIOR GEOLOGIST, OFFICE OF MINING AND GEOLOGY, DISTRICT OFFICE, ERNAKULAM. 4. THE DISTRICT COLLECTOR, ERNAKULAM. 5. THE VILLAGE OFFICER, KALLOORKADAVU, MUVATTUPUZHA, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 4681/2009 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DISTRICT INDUSTRIES CENTRE, ERNAKULAM DATED 4.2.2008. EXHIBIT P2 : TRUE COPY of the ORDER GRANTING MINING LEASE ISSUED BY THE FIRST RESPONDENT DATED 20.7.2004. EXHIBIT P3 : TRUE COPY OF THE MINING LEASE DEED EXECUTED BETWEEN THE SECOND RESPONDENT AND THE PETITIONER DATED 20.3.2005. EXHIBIT P4 : TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 16.12.2005. EXHIBIT P5 : TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT TO THE FORTH RESPONDENT DATED 19.8.2004. EXHIBIT P6 : TRUE COPY OF THE PERMIT ISSUED BY THE THIRD RESPONDENT DATED 28.10.2008. EXHIBIT P7 : TRUE COPY OF THECERTIFICATE ISSUED BY THE KERALA FINANCIAL CORPORATION DATED 16.9.2008. EXHIBIT P8 : TRUE COPY OF THE PROHIBITORY ORDER ISSUED BY THE FIFTH RESPONDENT DATED 4.2.2009. EXHIBIT P9 : TRUE COPY OF THE PERMIT ISSUED BY THE THIRD RESPONDENT DATED 9.2.2009. EXHIBIT P10 : TRUE COPY OF THE RECEIPT DATED 9.1.2009. //TRUE COPY// P.A. TO JUDGE. ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 4681 of 2009 ------------------------------------ Dated this the 12th day of March, 2009 JUDGMENT Grievance in this writ petition is mainly regarding Exhibit P8, a stop memo issued by the 5th respondent. 2. Counsel for the petitioner submits that by Exhibit P5, mining lease was granted to the petitioner, permitting him to remove 200 MT of Crude Graphite. According to the petitioner, during the validity of the mining lease, Exhibit P 8 stop memo was issued. When the writ petition was brought up for orders earlier, learned Government pleader contended that the validity of Exhibit P8 mining lease has already expired. Thereupon, the learned counsel for the petitioner has produced before me Exhibit P9 mining lease, enabling him to remove balance quantity of 101 MT of Crude Graphite and as is evident from Exhibit P9, period of this lease has also expired on 9/03/2009. Thus as at present, in view of expiry of period of Exhibit P9, the stop memo cannot be invalidated. 3. Having regard to the admitted position that balance quantity as permitted by Exhibit P9 also is yet to be removed, W.P.(C) No. 4681/ 2009 2 petitioner should be permitted to remove that quantity, if the mining permit or lease is extended. Therefore, writ petition is disposed of directing that in the event mining lease is extended, respondents shall permit the petitioner to remove the quantity permitted and for that purpose, recall Exhibit P8 stop memo, if the situation warrants. ANTONY DOMINIC, JUDGE scm