IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 17579 of 2008(P) -------------------------- PETITIONER(S): --------------- 1. P.G.MAREENA @ P.J.MARYKUTTY, MECHERY HOUSE, PUDUKKAD DESOM, THRISSUR DISTRICT. 2. M.P.RAPPAI, MECHERY HOUSE, PUDUKKAD DESOM, THRISSUR DISTRICT. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SMT.PREEJA. P.VIJAYAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR DISTRICT. 2. THE GEOLOGIST, THRISSUR. 3. THE PRINCIPAL SECRETARY (REVENUE) GOVT. SECRETARIAT, THIRUVANANTHAPURAM. MR.M.A.ASIF, GOVERNMENT PLEADER FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17579/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE JUDGMENT DATED 07/04/2006 IN WPC NO.1101/2006. P2 : COPY OF THE COMMUNICATION NO.1036/C2/TDO/2006 DATED 24/05/2006. P3 : COPY OF the NEWS PAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 04/05/2007. P4 : COPY OF the INTERIM ORDER DATED 08/10/2007 IN COC NO.321/2007. P5 : COPY OF the COMMUNICATION NO.1381/C2/TDO/07 DATED 15/02/2008. P6 : COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, NANDIPULAM DATED 07/03/2008. P7 : COPY OF THE JUDGMENT DATED 24/05/2008 IN WPC NO.13541/2008. P8 : COPY OF THE ORDER NO.1586/C2/TDO/2008 DATED 20/05/2008. P9 : COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL SECRETARY, REVENUE DATED 08/10/2007. P10 : COPY OF THE NOTICE NO.D1-5128/94 DATED 18/06/1994. P11 : COPY OF THE COMMUNICATION NO.B2/7627/08 DATED 14/05/2008. P12 : COPY OF the ORDER GO(MS)NO.72/2009/RD DATED 07/02/2009. P13 : COPY OF THE RELEVANT EXTRACT OF GO(MS)NO.21/09/IND DATED 07/02/2009. RESPONDENT'S EXHIBITS R2(a) : COPY OF the REVENUE DIVISIONAL OFFICER'S REJECTION ORDER NO.B2/5194/08, K.DIS DATED 09/04/2008. R3(a) : COPY OF THE AFFIDAVIT FILED BY THE SECRETARY, REVENUE DEPARTMENT. R3(b) : COPY OF THE LETTER OF the GEOLOGIST DATED 26/10/2007. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17579 of 2008 --------------------------------- Dated, this the 3rd day of April, 2009 J U D G M E N T The petitioner submits that by Exts.P12 & P13, Ext.P9 impugned order has been withdrawn. In view of this, he seeks an order directing to reconsider the matter. 2. In the light of the fact that the impugned order has been recalled, necessarily, the application submitted by the petitioners seeking permission for mining clay has to be reconsidered. Therefore, the writ petition is disposed of directing the 2nd respondent to consider the application made by the petitioners for permission for mining clay and pass orders thereon in the light of Ext.P12 & P13. 3. The petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg