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. 4052 of 2008(G) ------------------------------------- PETITIONER: ------------------- T.P.VISWANATHAN, SHANKAR NIVAS, SAHAKARANA NAGAR, AYYANTHOLE, TRICHUR-680 003. BY ADV. MR.K.I.MAYANKUTTY MATHER. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, TRICHUR-680 003. 2. DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, CHEMBUKKAVU, TRICHUR-680 020. 3. VILLAGE OFFICER, KALLOOR VILLAGE, TRICHUR DISTRICT, PIN-678 641. 4. REVENUE DIVISIONAL OFFICER, TRICHUR-680 003. 5. THE TAHSILDAR, MUKUNDAPURAM TALUK, TRICHUR, PIN-691 585. R1 TO R5 BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4052/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KALLOOR DTD. 27/01/2006. EXT.P.2: COPY OF THE PERMIT ISSUED FROM THE OFFICE OF THE DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY IN RESPECT OF 0.5755 HECTARES DTD. 03/03/2006. EXT.P.2.A: COPY OF THE PERMIT ISSUED FROM THE OFFICE OF THE DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY IN RESPECT OF 0.4463 HECTARES DTD. 03/03/2006. EXT.P.2.B: COPY OF THE PERMIT ISSUED FROM THE OFFICE OF THE DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY IN RESPECT OF 0.5997 HECTARES. EXT.P.3: COPY OF THE PERMIT ISSUED BY THE R.2. TO THE PETITIONER IN RESPECT OF 0.5755 HECTARES DTD. 15/03/2007. EXT.P.4: COPY OF THE NOTICE ISSUED BY THE R.2. DTD. 20/03/2007. EXT.P.4.A: COPY OF THE STOP MEMO ISSUED BY THE R.3. TO THE PETITIONER DTD. 20/03/2007. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.12310 OF 2006 DTD. 18/09/2006. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, TRICHUR. DTD. 21/03/2007. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. DTD. 28/03/2007. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.3. DTD. 29/03/2007. EXT.P.9: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER BEFORE THE TAHSILDAR DTD. 30/03/2007. EXT.P.10: COPY OF THE REPORT OF THE TAHSILDAR TO THE REVENUE DIVISIONAL OFFICER, TRICHUR DTD. 02/04/2007. EXT.P.11: COPY OF THE GOVERNMENT ORDER DTD. 07/02/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 4052 OF 2008 (G) ===================== Dated this the 3rd day of April, 2009 J U D G M E N T Petitioner states that on the strength of the permits issued under the Kerala Minor Mineral Concession Rules, he has been mining clay and utilising the same for manufacturing bricks. Licence was not renewed and it was at that stage the writ petition was filed for appropriate orders. During the pendency of the writ petition, respondents have issued Ext.P11 GO(MS) No.21/09 dated 7/2/2009 laying down fresh guidelines in the matter of granting permits. Taking note of the above, petitioner only seeks an order, enabling him to make a fresh application to the 2nd respondent and further direction requiring the 2nd respondent to consider such application in the light of Ext.P11 and other governing statutory provisions. 2. Taking note of this limited request that is now made, I dispose of this writ petition clarifying that it will be open to the petitioner to make a fresh application for mining permit before the 2nd respondent and if such an application is received, the 2nd respondent shall consider the same in the light of Ext.P11 referred to above and other statutory provisions governing the matter. ANTONY DOMINIC, JUDGE Rp