IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 15868 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------ K.P.KRISHNAN, S/O.PAPPU, AGED 41 YEARS, MANAGING PARTNER, M/S.SREERAM POTTERIES, KUNDEPARAMBIL, CHITHISSERY.P.O, THRISSUR. BY ADVS. SRI.V.B.UNNIRAJ, SMT.R.S.GEETHA. RESPONDENT(S): --------------------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 2. THE GEOLOGIST, THRISSUR. 3. VILLAGE OFFICER, CHENGALUR. 4. SUB INSPECTOR OF POLICE, PUDUKKAD. R1 TO R4 BY GOVERNMENT PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15868/2010 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PERMIT DTD. 18/05/2010. P2: COPY OF THE ORDER NO.B2-7306/08 DTD. 17/05/2008. P3: COPY OF THE INTERIM ORDER IN WPC.NO.14196/2010. P4: COPY OF THE ORDER G.O.(MS) NO.21/2009 DTD. 7/02/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 15868 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010 J U D G M E N T The petitioner obtained Ext.P1 permit under the Minor Mineral Concession Rules for mining clay from 10 cents of land in survey No.896/2 in Chengalur Village. When the petitioner started mining, the 4th respondent directed the petitioner to stop the mining on the ground that as per Ext.P3 interim order, this court had prohibited mining of clay. According to the petitioner, by Ext.P3 order, this court only directed to enforce Ext.P2, if the same is still in force. The petitioner would contend that Ext.P2 stands modified by the Government, by Ext.P4, wherein mining of clay was permitted in the survey no. of the property of the petitioner as per item No.76 in Ext.P4. The petitioner therefore seeks the following reliefs: (a) Issue a Writ of mandamus or other appropriate Writ Direction or order directing the respondents to permit the petitioner to excavate and remove clay from 10 cents of land in Sy. No.896/2 in Chengalur Village on the strength of Ext.P1. W.P.(C)No. 15868 of 2010 -2- (b) Grant such other relief as may be prayed for and which are learned just and proper in the circumstances of the case. 2. I have heard the learned Government Pleader appearing on behalf of respondents. He could not dispute that in view of Ext.P4, the petitioner cannot be prevented from mining of clay from the property in question and that Ext.P4 impliedly modifies Ext.P2 order, which, in Ext.P3 order, was directed to be enforced only if the same is still in force. In the above circumstances, this writ petition is disposed of directing the respondents to permit the petitioner to mine clay from 10 cents of land in survey No.896/2 in Chengalur Village strictly in accordance with Ext.P2. S. SIRI JAGAN JUDGE shg/