IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 2740 of 2009(A) ------------------------- PETITIONER(S): --------------- PHILIP MATHEW NEDIYATHU HOUSE, CHERAVALLY MURI, KAYAMKULAM. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY PRINCIPAL SECRETARY MINING & GEOLOGY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT GEOLOGIST DEPARTMENT OF MINING & GEOLOGY, ALAPPUZHA PO ALAPPUZHA. GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.2740 OF 2009 ------------------------ Dated this the 29th day of January, 2009. JUDGMENT Petitioner submits that he is a Sub Contractor for the supply of laterite soil for the work of PMGSY in Haripad and Muthukulam in Alappuzha District. According to him, by an application dated 6.1.2008, the petitioner sought permission from the 2nd respondent for excavating the laterite soil in order to supply to the contractors. The complaint is that no order has been passed on the application so far. Counsel also now submits that by communication dated 23.1.2009, petitioner has been called upon to produce the consent of the Pradeshika Vikasana Samithi. It is also stated that the 2nd respondent has no jurisdiction to insist on such a requirement. WP(c).No.2740/09 /2/ 2. Since an application dated 6.1.2008 is stated to be pending before the 2nd respondent, I direct the 2nd respondent to consider the said representation in accordance with law. Needless to say that, it will be beyond the power of the 2nd respondent to insist on any requirement, if the same is not statutorily prescribed . 3. Orders shall be passed on the application referred to above as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/