IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 35180 of 2008(K) -------------------------- PETITIONER(S): --------------- M.K.VISWAMBARAN,MELEVETTIL HOUSE, KANNIYAMBAL, KUNNAMKULAM, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,THRISSUR. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR 4. THE ADDITIONAL TAHSILDAR, THALAPPILLY, VADAKKANCHERRY,THRISSUR. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35180/2008 -------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioner submits that he has a quarrying permit under the Kerala Minor Mineral Concession Rules, 1967, as evidenced by Ext.P1. But quarrying of laterite stones requires removal of overburden which is ordinary earth. According to the petitioner, no royalty is leviable thereon. Royalty can be levied only on laterite stones. But going by the judgment of a Bench of this Court in Writ petition No.5722/2006 and Connected cases, removal of ordinary earth would also require permit from a competent authority namely the RDO. Petitioner has therefore, sought permission in that regard vide Ext.P3. Learned counsel for the petitioner points out that such permission has been recommended by the fourth respondent under Ext.P4. Having heard learned Government Pleader also, writ petition is disposed of directing the third W.P.(C0.35180/2008 2 respondent, RDO, to consider the request made by the petitioner in Ext.P3 in the light of Ext.P4 and in the light of the directions issued by a Bench of this Court in Writ Petition No.5722/2006 and Connected Cases, and take a decision thereon within three weeks from the date of receipt of a copy of this judgment. Certified copy of the judgment in Writ Petition No.5722/2006 shall be produced by the petitioner before the third respondent along with the copy of this judgment and a copy of the writ petition. V.GIRI, Judge mrcs