IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WA.No. 1263 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.18571/2006 Dated 05/12/2008 .................... APPELLANT/PETITIONER IN THE WPC: ----------------------------------------- C.MUHAMMED ALI, CHUNDAYIL HOUSE, PATTARKADAVU, PANAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS/RESPONDENTS IN THE WPC: ------------------------------------------------- 1. DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. 2. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 3. TAHSILDAR, ERANADU, MALAPPURAM DISTRICT. 4. GEOLOGIST, MINING & GEOLOGY DEPARTMENT, MALAPPURAM, MANJERI P.O. 5. MALAPPURAM MUNICIPALITY, REP. BY ITS SECRETARY, MALAPPURAM. R1 TO R4 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL. R5 BY ADV. SRI. N. ABDUL MAJEED, SC. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag.CJ. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1263 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010 JUDGMENT Kurian Joseph, Ag.CJ. Appellant is the petitioner in WP(C) No.18571 of 2006. According to the writ petitioner, in view of the difference of opinion between the District Collector in exercising his powers under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 and the Geologist who is exercising powers under the Kerala Minor Minerals Concession Rules, 1967, he is harassed. 2. Learned Single Judge has directed the District Collector to look into the matter and do the needful. Aggrieved by this, the petitioner has come in appeal. The District Collector being the party to the dispute, in our view, the petitioner is justified in his apprehension that he may not get justice. 3. In the above facts and circumstances of the case, we set aside the judgment of the learned Single Judge and direct WA No.1263 of 2009 -:2:- the Secretary to Government, Revenue Department to look into the dispute between the Geologist on the one side and the District Collector, Malappuram on the other, with notice to the petitioner and pass appropriate orders within three months from the date of receipt/production of a copy of this judgment. The Writ Appeal is disposed of as above. Kurian Joseph, Acting Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb