IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 30407 of 2008(T) -------------------------- PETITIONER: P.J MARKOSE, S/O. ITTI, AGED 61 YEARS, POTHANIKKAL HOUSE, PARAKKADAVU KARA, KARUNAPURAM VILLAGE, KUMBANMEDU, IDUKKI DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: 1. THE TAHSILDAR, UDUMBANCHOLA, IDUKKI DISTRICT, NEDUMKANDOM. 2. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, MINI CIVIL STATION, IDUKKI. 3. THE DISTRICT COLLECTOR, IDUKKI DISTRICT. 4. REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT. 5 KARUNAPURAM GRAMA PANCHAYAT, KARUNAPURAM, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY. 6. MYLADY THOMAS MATHEW, PARAKKADAVU KARA, KARUNAPURAM VILLAGE, KUMBANMEEDU, IDUKKI DISTRICT. BY GOVT. PLEADER SRI. P.N. SANTHOSH ADV. SRI.V.V.NANDAGOPAL NAMBIAR FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.30407 of 2008 -------------------------- Dated this the 16th December, 2008 J U D G M E N T Petitioner's complaint is regarding the illegal sand mining of the 6th respondent. He also prays for a direction to the 2nd respondent to consider Exhibit-P2 complaint. 2. Learned standing counsel for the 6th respondent submits that no illegal sand mining has been resorted to and that any sand will be quarried only after getting permission from the competent authority, the 2nd respondent. Submission is recorded. 3. In the result, the writ petition is disposed of directing the 2nd respondent to consider Exhibit-P4, in the course of taking a decision on any application that may be filed by the 6th respondent for a quarrying permission in terms of the Kerala Minor Mineral Concession Rules, 1967. Petitioner shall also be heard before a decision is taken on any application for permission to be submitted by the 6th respondent. W.P ( C) No.30407 of 2008 2 A copy of this judgment shall be produced by the petitioner before the 2nd respondent along with copy of writ petition. (V.GIRI,JUDGE) ma W.P ( C) No.30407 of 2008 3 W.P ( C) No.30407 of 2008 4