IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 17733 of 2009(J) -------------------------- PETITIONER(S): --------------- MRIDULA GOPI, AGED 39 YEARS, W/O.GOPI, MANGADATHU VEETIL, KURUVILASSERI, PO, THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.17733 of 2009 ---------------------------------------- Dated this the 17th day of August, 2009. JUDGMENT The petitioner, who is desirous of removing and transporting ordinary sand from a land having an extent of 21 cents in Survey Nos.496/8 498/4 of Kurivilassery Village, approached the authorities for permission to remove ordinary earth. 2. In the light of the law declared in the decision in Construction Materials Movers Association v. State of Kerala {2008(4) KLT 909}, ordinary earth is also a minor mineral. An earlier application filed by the petitioner in this regard was directed to be disposed of as per Ext.P2 judgment and was disposed of, as evidenced by Ext.P4. The Geologist has, as per Ext.P4, informed the petitioner that the petitioner's application need not be W.P.(C).No.17733 of 2009 :: 2 :: considered on merits, and that permission cannot be granted. Ext.P4 has been challenged in this writ petition. 3. Learned counsel for the petitioner refers to Ext.P5, an order passed by the same Geologist pursuant to a direction issued by this court in another writ petition, wherein a contrary stand has been taken and a permit has been granted. 4. On a perusal of Exts.P4 and P5, I am of the view that the petitioner is justified in his submission. 5. It is difficult to understand why the same officer has taken a different stand in two orders. Ext.P4 is, therefore, quashed and the respondent is directed to pass fresh orders on Ext.P3, in the light of the law laid down by this court in Construction Materials Movers Association v. State of W.P.(C).No.17733 of 2009 :: 3 :: Kerala {2008(4) KLT 909} as also in Ext.P2 judgment. This shall be done within three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge