IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 8510 of 2009(G) ------------------------------------- PETITIONERS: --------------------- 1. KAROOR 7TH WARD PADASEKHARA NELLULPADAKA SANGHAM, KAROOR P.O., THRISSUR DISTRICT, REP. BY ITS SECRETARY SRI.K.V.RAJU, S/O.VALANDI, KUMBANNORA HOUSE, KAROOR P.O., PIN-680 697. 2. T.C.UNNICHEKKAN, S/O.NARAYANAN, THUPRATH HOUSE, KAROOR P.O., THAZHAKODU VIA., ALOOR VILLAGE, THRISSUR DISTRICT. BY ADVS.MR.KOSHY GEORGE, MR.P.I.DAVIS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. GEOLOGIST, MINING & GEOLOGY, THRISSUR. 5. SMT.FANCY, W/O.XAVIER, PARAKKAL HOUSE, AMBAZHEKADU P.O., PALAYAMPARAMBU, ASTAMICHIRA VIA., THRISSUR DISTRICT. R1 TO R4 BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8510/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 14/06/08 ISSUED BY THE REGISTRAR OF SOCIETIES, THRISSUR. EXT.P.2: COPY OF THE MEMORANDUM DTD. 16/02/09 SUBMITTED BY THE P.1. SOCIETY TO THE R.3. EXT.P.3: COPY OF THE LETTER DTD. 16/02/2009 OF THE R.3. TO THE R.4. EXT.P.4: COPY OF THE REPORT SUBMITTED BY THE R.2. TO THE STATE GOVERNMENT. EXT.P.5: COPY OF THE G.O.(MS).21/09/IND. DTD. 07/02/2009 ISSUED BY R.1. EXT.P.6: COPY OF THE CERTIFICATE DTD.11/03/2009 ISSUED BY THE AGRICULTURAL OFFICER, ALOOR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 8510 of 2009 ------------------------------------ Dated this the 23rd day of March, 2009 JUDGMENT The first petitioner is a Society registered under the Societies Registration Act. Members of the society are said to be farmers of Karoor punchapadam and the Society is formed with the objective of promoting paddy cultivation. In this writ petition their grievance is mainly regarding Exhibit P4, report of the details of brick clay bearing areas suitable for mining which includes Karoorpadam in Annaloor Village and Karur Paddam in Aloor village. Petitioners also seek to challenge Exhibit P5, the Government Order dated 7/02/2009, which according to the petitioners, permit indiscriminate clay mining in the paddy fields. 2. A reading of Exhibits P4 and P5 gives the impression that the Government have only identified certain areas having deposit of clay. If in respect of said areas, any application for clay mining is received such application is to be processed in terms of Exhibit P5 guidelines and also in accordance with the statutory provisions. Therefore, Exhibits P4 and P5 as such cannot be of any grievance to the petitioners. W.P.(C) No. 8510/ 2009 2 3. Petitioners submit that based on Exhibits P4 and P5, in respect of the two areas referred to above, several applications have been made to the 3rd respondent for permitting clay mining. According to them, if such applications are allowed without considering its impact on the environment and also on paddy cultivation in the area, that will adversely affect the petitioners' endeavor to promote paddy cultivation. 4. As at present, the petitioners have no case that anybody has been granted permit. But their apprehension is that permits will be issued to the applicants permitting indiscriminate clay mining ignoring statutory provisions. This grievance of the petitioners can be redressed, if the third respondent, before whom applications are stated to have been made, issues notice to the petitioners, when any such application concerning Karoorpadam in Annaloor village and Karur Padam in Aloor village is considered and the 1st petitioner is given an opportunity to raise their objections in the matter. 5. Therefore, the writ petition is disposed of directing that in the event any application seeking permission for clay W.P.(C) No. 8510/ 2009 3 mining is received in respect of the aforesaid areas, the 3rd respondent shall issue notice to the first petitioner and afford them also an opportunity to make their submissions, before the final orders on such applications are passed. Petitioners shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE scm