IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 31740 of 2010(N) -------------------------------------- PETITIONER(S): ----------------------- SHAJI JOSEPH , AGED 45, S/O.JOSEPH MECHIRACKAL HOUSE, MEVELLOOR PO, VELLOOR VAIKOM TALUK. PIN- 686 609. BY ADV. SRI.P.V.GEORGE (PUTHIYIDAM) RESPONDENT(S): -------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE KOTTAYAM.PIN- 686 003. 2. REVENUE DIVISIONAL OFFICER PALA.PIN- 686 575. 3. SENIOR GEOLOGIST DISTRIC OFFICE, KOTTAYAM (DIST) KOTTAYAM P.O.PIN- 686 003. 4. TAHSILDAR, OFFICE OF THE TAHSILDAR, VAIKOM TALUK OFFICE, VAIKOM PO, KOTTAYAM.PIN- 686 003. * ADDL.R5 IMPLEADED * ADDL.R5: K.G. UDAYA KUMAR, S/O. GOPALAN, AGED 45 YEARS, “ KRISHNA” 31/151 D, FLEX ROAD, THAMMANAM, KOCHI- 682 032. IS IMPLEADED AS ADDL.R5 AS PER ORDER DATED 2/12/2010 IN IA. 15849/2010. R1 TO R4 BY GOVERNMENT PLEADER SRI. P. NARAYANAN R5 BY ADV. SRI.ALIAS M.CHERIAN SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.AJITH KUMAR (KALLESSERIL) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 31740 of 2010 N ``````````````````````````````````````````````````````` Dated this the 9th day of December, 2010 J U D G M E N T Petitioner claims to be a resident of Vellur village of Vaikom Taluk. The prayers sought in the writ petition are the following:- “ (i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to fill the pits left unfilled in Vaikom Taluk using the bank guarantee obtained under Rule 5(6) of the Minor Mineral Concessions Rules. (ii) to issue writ of mandamus or any other appropriate writ, orders or direction directing the respondents not to issue new/renew sand mining permit without filling the existing pits created by sand extraction.” 2. According to the petitioner, he has already moved the District Collector in this behalf by filing Ext.P2 dated 26- 11-2000. It is the complaint that there has not been any response to the representation either. W.P.(C) No.31740/10 : 2 : 3. Additional respondents who got themselves impleaded contend that this litigation is a motivated one and according to them, they are persons who are carrying on sand mining activities based on permits which have been obtained. I do not think that any legitimate activity that is carried on by the party respondents or anybody else, will in any way be affected if the District Collector is ordered to examine the grievances of the petitioner. 4. Therefore, without expressing anything on the merits of the allegations raised by the petitioner, I direct the District Collector to examine Ext.P2 complaint made by the petitioner and pass appropriate orders, if the grievances are found to be genuine. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge