IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27993 of 2009(T) -------------------------- PETITIONER: --------------- EASWARAN, KADAKKAL HOUSE, KUTTADI P.O., IDUKKI. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. DIRECTOR OF MINING & GEOLOGY, KESAVADASAPURAM, PATTAM P.O., THIRUVANANTHAPURAM. 3. THE GEOLOGIST, DISTRICT OFFICE OF MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, THODUPUZHA, IDUKKI. 4. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT. 6. THE TAHSILDAR, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 27993 of 2009-T ------------------------------ Dated this the 6th day of October, 2009. J U D G M E N T The petitioner applied for the issue of a mining permit under the provisions of the Kerala Minor Mineral Concession Rules, 1967. Ext.P1 permit was thereupon issued on 8.7.2009. Thereafter by Ext.P2 order dated 28.8.2009 the Geologist, Idukki cancelled Ext.P1 and directed the petitioner to surrender the permit along with the accompanying documents. Ext.P2 is under challenge in this writ petition. The petitioner submits that before Ext.P2 order was passed cancelling Ext.P1 permit, he was not put on notice or heard and on that short ground Ext.P2 order is liable to be set aside. 2. Ext.P1 permit discloses that it was issued on 8.7.2009. Nearly four months prior to Ext.P1 order, the Government of Kerala had issued a notification amending Rule 5 of the Kerala Minor Mineral Concession Rules 1967, hereinafter referred to as the “Rules” for short by incorporating a stipulation that a mining permit shall be issued only after a no objection certificate is obtained from the District Collector. In the instant case it is not in dispute that the petitioner did not apply for or obtain a no objection certificate from W.P(C) No. 27993 of 2009-T 2 the District Collector, Idukki. Therefore Ext.P1 permit was not issued after following the procedure prescribed in Rule 5(5) of the Rules. Such being the situation, even if the petitioner had been put on notice or heard no other conclusion other than one arrived at by the Geologist would have been possible. I have by judgment delivered in W.P(C) No.25670 of 2009 and connected cases, considered an identical issue and held that as the mining permit was issued without following the prescribed procedure, orders similar to Ext.P2, which is impugned in this writ petition cannot said to be illegal. In the result, the writ petition fails and is dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab