IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32514 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ JOBI PATHROSE, S/O.PATHROSE, AGED 35 YEARS, BUSINESS, NJEZHUNGAL HOUSE, OKKAL P.O KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): ------------------------- 1. THE DISTRICT GEOLOGIST, IDUKKI DISTRICT. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT. R1 & R2 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32514 of 2009 – H - - - - - - - - - - - - - - - - - - - - - - - Dated 13th November, 2009. Judgment Heard Sri.P.M.Ziraj, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The District Geologist issued Ext.P1 permit to the petitioner under the provisions of the Kerala Minor Mineral Concession Rules, 1967 on 8.7.2009. The said permit was issued in violation of rule 5 (5) of the Kerala Minor Mineral Concession Rules, 1967 which stipulates that every application for mining permit should be accompanied by a no objection certificate issued by the District Collector. The Geologist therefore issued Ext.P2 order dated 28.8.2009 directing the petitioner to surrender the permit. The petitioner thereupon submitted Ext.P3 representation before the District Collector requesting him to issue a no objection certificate for conducting quarrying operations. In this writ petition, the petitioner seeks a direction to the District Collector to consider Ext. P3 representation and pass orders thereon within a time limit to be fixed by this Court. 3. A learned single Judge of this Court has in Gokuldas v. Geologist (2009 (3) KLT 924) held that the District Collector can issue orders banning mining of sand in particular areas in a district or in the district as a whole for a temporary period. It was held W.P.(C)No.32514/2009 -2- that the District Collector has the power to regulate mining of sand and that he is competent to decide whether mining of sand from a particular property would cause damage to the ecology. Since rule 5 (5) of the Kerala Minor Mineral Concession Rules contemplates a no objection certificate from the District Collector in order to enable persons to apply for mining permits, I am of the opinion that the District Collector should consider the request made by the petitioner in Ext.P3 in the light of the principles laid down by this Court in Gokuldas (supra) and take a decision thereon. I accordingly dispose of this writ petition with a direction to the District Collector, Idukki to consider the request made by the petitioner in Ext.P3 in the light of the observations of this Court in Gokuldas (supra) and pass orders thereon within two months from the date on which the petitioner produces a certified copy of this judgment before him. P.N. RAVINDRAN Judge vaa