IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 4002 of 2011(A) -------------------------------- PETITIONER(S): ------------------- SMT. THANKAMANY, W/O. KRISHNAN NAIR, AGED 64, KRISHNA VILASAM, EDAVATTOM P.O., KULASEKHARA MANGALAM, VAIKOM TALUK. BY ADVS. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, (INDUSTRIES (A) DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT COLLECTOR, KOTTAYAM, PIN-686 001. 3. THE SENIOR GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY, KOTTAYAM, PIN-686 001. 4. THE VILLAGE OFFICER, KULASEKHARAMANGALAM VILLAGE, PIN-686 608. BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs ANTONY DOMINIC, J. ------------------------- W.P (C) No. 4002 of 2011 -------------------------- Dated this the 8th February, 2011 J U D G M E N T Challenge in the writ petition is against Ext.P7, an order passed by the District Collector temporarily banning mining of sand in Vaikom Taluk. 2. The ground on which Ext.P7 is challenged is that the District Collector lacks power to pass an order in the nature of Ext.P7. This very issue was considered by this Court in Gokuldas Vs. Geologist [2009 (3) KLT 924] and it has been held that the District Collector has the power to pass orders in the nature of Ext.P7. Therefore, the challenge is liable to be repelled and I do so. 3. Learned counsel for the petitioner contended that on the strength of Ext.P1 No Objection Certificate, Exts.P2 to P4 minings permits have been issued to the petitioner and therefore irrespective of Ext.P7, petitioner is entitled to continue the mining. I am afraid that the said submission cannot be accepted. 4. First of all, Ext.P7 ban order has been issued subsequent to Exts. P1 to P4. Therefore, the petitioner's W.P (C) No. 4002 of 2011 2 right to enjoy the benefits of Exts.P1 to P4, can only be subject to the orders if any to be passed by the District Collector. Therefore, the fact that Exts.P1 to P4 are issued in favour of the petitioner will not entitle the petitioner to continue mining irrespective of Ext.P7 ban order subsequently issued by the District Collector. Writ petition fails and it is accordingly dismissed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge