IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 19050 of 2011(E) -------------------------- PETITIONER(S) :- ------------------------ BHASKARAN A.R., S/O.RAMAN, ARIKKATHIL, MULAKKULAM SOUTH P.O., DISTRICT KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH SMT.URSULA FRANCIS RESPONDENT(S) :- -------------------------- 1. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, BAKER JUNCTION, KOTTAYAM-686 001. 2. THE DISTRICT COLLECTOR, KOTTAYAM-686 001. GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 19050 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of judgment dated 21.3.2011 in W.P.(C) No.6456/2011. Ext.P2 :- Copy of permit vide No.32/2011-2012/821/DOY/ML/2011 dated 13-6- 2011. Ext.P3 :- Copy of judgment dated 25-6-2010 in Writ Appeal 295/2008. Ext.P4 :- Copy of the order vide No.44/2008-2009-1149/DOY/ML/2008 dated 27-6-2008. Ext.P5 :- Copy of petition dated 2-7-2011. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.19050 of 2011 ------------------------------------ Dated this the 8th day of August 2011 J U D G M E N T Petitioner has approached this Court with the following prayers :- “(i) Issue a Writ declaring that the petitioner is not prevented from using mechanical devices including motor pump for carrying out effective profitable and safe mining operation on the strength of Exhibit P2 permit and that the petitioner is also entitled to use or employ mechanical devices including motor pumps for mining operation in view of the law settled by the bench of this Honourable court in Exhibit P3 judgment. (ii) Issue a Writ of Mandamus commanding 1st respondent to consider Exhibit P5 application of the petitioner in the light of Exhibit P3 judgment as well as Exhibit P4 proceedings of the 1st respondent in identical case and to grant permission for use of mechanical devices including suction pump fitted with 20 HP Motor for mining of sand vide Exhibit P2 permit. (iii) Issue any other appropriate Writ deemed fit and proper in the circumstances of the case. (iv) Award cost of the petition.” W.P.(C) No.19050 of 2011 -: 2 :- 2. Heard the learned Government Pleader as well. 3. Learned counsel for the petitioner submits that the issue is squarely covered by the decision rendered by a Division Bench of this Court in Sreekumar v. Geologist [2010 (3) KLT 295], which is fairly conceded by the learned Government Pleader as well. In the above circumstances, the first respondent is directed to consider Ext.P5 representation of the petitioner for enabling him to use mechanical device for mining operations covered by Ext.P2 permit and pass appropriate orders in the light of the law declared by this Court as above, within two weeks from the date of production of a copy of this judgment. The writ petition is allowed. No cost. P.R. RAMACHANDRA MENON, JUDGE. Jvt