IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WA.No. 1483 OF 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.25849/2011 Dated 29/09/2011 .................... APPELLANT: SMT. CELINE, THEKKEKAPPIL HOUSE, THRIKKAIPPATTA, WAYANAD. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENTS/RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DISTRICT COLLECTOR, WAYANAD AT KALPETTA – 673 121. 3. THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, P.O., MEENANGADI, WAYANAD – 678 591. 4. THE TAHSILDAR, TALUK OFFICE, VYTHIRI, WAYANAD – 673 121. 5. THE VILLAGE OFFICER, VILLAGE OFFICE, THRIKKAIPPATTA, WAYANAD – 673 121. 6. THE DISTRICT EXPERT COMMITTEE, REPRESENTED BY THE CHAIRMAN, DISTRICT COLLECTOR, WAYANAD – 673 121. GOVERNMENT PLEADER SMT. D. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR Ag. C.J.& P.S. GOPINATHAN, J. = = = = = = = = = = = = = = = = = = W.A. NO. 1483 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF OCTOBER, 2011. J U D G M E N T C.N. Ramachandran Nair, J. Appeal is filed against the judgment of the learned Single Judge directing the District Collector to treat the withdrawal of the NOC as a notice proposing such an action, hear the appellants' objections and decide the matter afresh. Appellant filed appeal because of the prohibitory order issued by the learned Single Judge against the mining until Collector clears it. 2. Even though the appellant’s counsel prayed for a direction to permit respondents to allow the appellant to continue the mining pending decision by the District Collector, Government Pleader opposed stating that there is already an order by the Collector against the appellant though the learned Single Judge directed the same to be treated as a proposal. 3. After hearing both sides and on going through the judgment, we do not find any justification to interfere with the judgment of the learned Single Judge because the matter has to be ultimately decided by the District Collector. However, what we feel is if the appellant has sand W.A. 1483/2011 2 reserves beneath the surface of the land, the appellant should be permitted to mine it because sand is an essential building material scarcely available and extraction of the same from river sides is restricted. Appellant’s counsel submitted that after mining, the land will be filled up with ordinary soil to prevent any ecological problems. We feel the Collector should conduct enquiry about availability of the sand and if so, should permit mining on condition of payment of sales tax and royalty and it is up to him to impose conditions for restoration of the condition of the land with ordinary soil. The appellant should also furnish details of the mining so far done during the last one year, the sales made, tax and royalty paid for the Collector to take in to account the same also while passing final orders. The District Collector is directed to take a final decision after enquiry and after hearing the appellant within one month from the date of production of a copy of this judgment. The judgment of the learned Single Judge will stand modified as above. C.N. RAMACHANDRAN NAIR, (Ag. CHIEF JUSTICE) P.S. GOPINATHAN, (JUDGE) KNC/-