IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 34352 of 2003(S) -------------------------- PETITIONERS: --------------- 1. SANTHA BHASKARAN, IDAMTHURUTHIL HOUSE, UDAYANAPURAM P.O., VAIKOM 2. PRASAD K.S., EREPADATH HOUSE, UDAYANAPURAM PO VAIKOM. 3. THANKAPPAN, EREPADATH HOUSE, UDAYANAPURAM P.O. VAIKOM 4. NARAYANI, EREPADATH HOUSE, UDAYANAPURAM PO, VAIKOM 5. RAMADASAN, EREPADATH HOUSE, UDAYANAPURAM P.O., VAIKOM BY ADV. MR. K.JAJU BABU MS. M.U.VIJAYALAKSHMI RESPONDENTS: --------------- 1. SAROJINI SUKUMARAN, AROJINI NIVAS, CHEMMANATHKARA P.O., VAIKOM. 2. JAYACHANDRAN, KANNIMATTATH HOUSE, VAIKOM P.O. 3. K.V.SHIBU, KUNNEPRAMBIL HOUSE, KACHERIKAVALA, VAIKOM PO 4. CHANDRAN, KANNIMATTATH HOUSE, VAIKOM PO., 5. ANILKUMAR, KOKKATTU HOUSE, CHAMMANATHUKARA P.O., VAIKOM 6. UDAYANAPURAM GARAM PANCHAYATH, UDAYANAPURAM PO, VAIKOM REP, BY ITS PRESIDENT 7. THE DISTRICT COLLECTOR, KOTTAYAM W.P.(C) NO. 34352 OF 2003 8. THE REVENUE DIVISIONAL OFFICER, PALA 9. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOTTAYAM 10. THE CIRCLE INSPECTOR OF POLICE, VAIKOM R1 TO R5 BY ADV. MR. N.N.SUGUNAPALAN, SENIOR ADVOCATE MR. SUJIN R6 MR. P.S.NANDANAN MR. B.SABU R7 TO R10 SENIOR GOVERNMENT PLEADER MS. K. MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14 /07/2011 ALONG WITH WPC NO. 2874 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 34352 OF 2003 APPENDIX EXT.P1 : COPY OF THE NEWS REPORT WHICH APPEARED IN DESHABHIMANI DAILY DATED 10.06.2003 EXT. P2 : COPY OF THE NEWS REPORT APPEARED IN MALAYALA MANORAMA DATED 12.06.2003 EXT. P3 : COPY OF THE NEWS REPORTS WHICH APEPARED IN MATHRU- BHUMI DAILY DATED 25.06.2003 AND ESHABHIMANI DAILY DATED 27.06.2003 EXT. P4 : COPY OF THE REPORT PUBISHED IN MATHRUBHUMI DAILY DATED 26.06.2003 CAUTIONING THAT THE UNAUTHORIZED SAND REMOVAL LEADS TO PEOPLE'S DEATH. EXT. P5 : COPY OF THE JUDGMENT DATED 29.08.2003 IN W.P.(C) 26142 OF 2003 OF THIS HON'BLE COURT. EXT. P6 : COPY OF COMPLAINT DATED 30.10.2003 FILED BY THE 2ND PETITIONER TO THE 7TH RESPONDENT. EXT. P7 : COPY OF THE JUDGMENT DATED 16.10.2003 IN W.P.(C) 31238 / 03 OF THIS HON'BLE COURT. EXT. P8 : A COPY OF THE LETTER DATED 30.10.2003 VIDE NO. 1899/DOY/ML/03 ISSUED BY THE 9TH RESPONDENT TO THE 10TH RESPONDENT. EXT. P9 : COPY OF THE JUDGMENT DATED 21.10.2003 IN W.P.(C) 31348/03 OF THIS HON'BLE COURT. /TRUE COPY/ P.A.TO JUDGE J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) Nos. 34352 OF 2003 and 2874 of 2004 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th day of July, 2011 JUDGMENT Ramachandra Menon J. These two Writ Petitions have been filed by the petitioners with a common grievance, stating that, unauthorised mining operations are being pursued by the party respondents in both the cases, in violation of the stipulations contained in the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967. 2. The learned counsel appearing for the party respondents, on instructions, submits that, no mining operations as aforesaid are being pursued and that the said respondents are absolutely having no interest in conducting or pursuing any mining operations. 3. After hearing both the sides and also the learned Government Pleader, we find that, no fact adjudication is necessary in view of the submission as aforesaid. In the said circumstances, the Writ Petitions are disposed of recording the submission as aforesaid. W. P (C) Nos. 34352 of 2003 & 2874 of 2004 2 It is made clear that, if any mining activity is pursued by any of the persons concerned, contrary to the provisions of law, it will be open for the concerned authority to take appropriate remedial measures in accordance with law. Sd/ J. CHELAMESWAR, CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge