IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 4995 of 2008(T) ------------------------- PETITIONER: ------------ V.PRASANNAN PILLAI, VAZHOTTUPADITTATHIL, NORTH MYNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. THE GEOLOGIST, KOLLAM. 5. THE VILLAGE OFFICER, MYNAGAPPALLY. 6. THE CIRCLE INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION. 7. THE S.I. OF POLICE, SASTHAMKOTTA POLICE STATION. 8. A.M.SALI, PALLILYYATHU VEEDU (KEEZHALUR AIYATHU KIZHAKETHIL), NORTH MYNAGAPPALLY P.O., KOLLAM - 690 519. 9. THE TAHSILDAR, KUNNATHUR TALUK, KOLLAM DISTRICT. R1 TO R7&R9 BY G.P. SRI.M.R.SABU R8 BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE STOP MEMO ISSUED BY R5 DT.26.5.07. P2: COPY OF REPLY DT.6.7.07 GIVEN BY R9. P3: COPY OF NEWSPAPER REPORT IN JANAYUGAM DAILY DT.31.1.08. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.4995 of 2008 .................................................................... Dated this the 18th day of February, 2008. JUDGMENT This W.P. is filed by the petitioner challenging the illegal mining carried on by the 8th respondent in his property. According to the petitioner, 8th respondent has political patronage and therefore, Revenue or Police authorities are not taking any action against illegal mining. Even after issuing Ext.P1 Stop Memo by the Village Officer prohibiting mining, 8th respondent is continuing mining is petitioner's case. No counter affidavit is filed by any of the respondents. However, having regard to the nature of allegations, I feel W.P. itself can be disposed of without the aid of any counter affidavit. 2. Admittedly, 8th respondent is involved in mining of laterite stone which is a substitute for brick for house construction. The 8th respondent is certainly entitled to mine laterite stone and sell the same after taking a licence from the 4th respondent and after paying royalty in accordance with the rates applicable. The petitioner has stated that an Anganwadi is functioning nearby and therefore, if deep mining is permitted and open mine is left without fencing, the same will cause danger to lives of children. I find some force in this contention. In the circumstances, W.P. is disposed of directing the 4th respondent to conduct inspection and see whether the 2 mining is taking place in accordance with any licence issued by him and after remitting the royalty payable. If 8th respondent makes application for mining permission, then the 4th respondent will grant it subject to such conditions as are required to maintain safety and protection of neighbouring owners and will recover eligible royalty payable by the 8th respondent. It would be open to the 4th respondent to impose a condition that pit formed on mining should be filled up with loose soil or otherwise the mine should be ordered to be fenced to protect school children, public and animals. If the 8th respondent continues to carry on mining without obtaining licence, the 4th respondent will prohibit mining and if such prohibitory orders are not honoured by the 8th respondent, there will be direction to the 5th respondent to physically stop it and take action against 8th respondent. However, 8th respondent is free to carry on mining in accordance with the terms of licence to be issued by the 4th respondent. If mining licence is not already obtained by him, the 8th respondent is given freedom to immediately make an application for mining licence and if such application is filed, the 4th respondent is directed to consider and pass orders without any delay. The petitioner will produce copy of this judgment for compliance. C.N.RAMACHANDRAN NAIR Judge pms