IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WA.No. 1438 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17419/2011 Dated 23/09/2011 .................... APPELLANT(S): PETITIONER IN THE WRIT PETITION --------------------------------------------- P.UNNIKRISHNA PILLAI, AGED 42 YEARS, S/O.PACHU PILLAI, UNNIPARAMBIL HOUSE, VENGARA, THODIYOOR NORTH (PO), KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): / RESPONDENTS --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM, PIN - 690 001. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM REVENUE DIVISIONAL OFFICE, KOLLAM (PO), KOLLAM DISTRICT, PIN - 690 001. 3. THE VILLAGE OFFICER, SOORANADU NORTH VILLAGE, SOORANADU NORTH (PO), KOLLAM DISTRICT-690 561. 4. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, ASRAMAM (PO), KOLLAM DISTRICT, PIN - 690 001. 5. THE SOORANADU NORTH GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, SOORANADU NORTH VILLAGE, KOLLAM DISTRICT- 690 561. W.A.NO.1438/2011 6. THE SECRETARY, SOORANADU NORTH GRAMA PANCHAYATH, SOORANADU NORTH VILLAGE, KOLLAM DISTRICT-690 561. *ADDL.R7 GOPALAKRISHNA PILLAI, S/O.MADHAVAN PILLAI, BRINDAVAN, S.V.MARKET (PO), KARUNAGAPPALLY, KOLLAM DISTRICT. *ADDL.R8 SULAIMAN KUNJU, S/O.YOUNUS KUNJU, PUTHUPARAMBIL HOUSE, KARUNAGAPPALLY (PO), KOLLAM DISTRICT. *(ADDL. R7 & R8 ARE IMPLEADED AS PER ORDER DATED 31/10/2011 IN I.A.NO.752/2011) **ADDL.R9 MADHAVAN NAIR, S/O.GOPALAN NAIR THE LATE, 'JAYA BHAVANAM', NADUVELEMURI, SOORANADU NOTH, ANAYADI.P.O., KOLLAM DISTRICT. **(ADDITIONAL 9TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 31/10/2011 IN I.A.NO.797/2011) ADV. SRI. K.SIJU FOR R5 & 6 SRI.P.J.MATHEW FOR ADDL.R9 SMT.K.MEERA, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1438/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-I : COPY OF SALE DEED NO.2248/2010 DATED 24/11/2010 OF SOORANADU SRO. ANNEXURE-II : COPY OF PHOTOGRAPHS SHOWING THE PROPERTY ON THE WESTERN AND SOUTHERN SIDE. ANNEXURE-III : COPY OF SRO NO.256/2009 DATED 12/03/2009 AMENDING RULE 5 OF THE KERALA MINOR MINERAL CONCESSION RULES, 1967. RESPONDENT'S EXHIBITS ANNEXURE-R6(a) : COPY OF MASS PETITION FILED BY THE PUBLIC DATED 27/05/2011. ANNEXURE-R6(b) :COPY OF ENQUIRY REPORT SUBMITTED BEFORE THE SECRETARY DATED 28/05/2011. ANNEXURE-R6(c) : COPY OF EXTRACT OF RESOLUTION OF PANCHAYAT COMMITTEE DATED 10/05/2011. ANNEXURE-R9(a) : COPY OF MASS PETITION DATED NIL. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1438 of 2011 .................................................................... Dated this the 31st day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. Appellant's case is that in spite of permit issued by the Geologist for mining clay from appellant's property, the Village Officer has issued stop memo based on objection by neighbouring owners. One of the neighbouring owners, who got impleaded, stated that water level will go down in his well if mining is permitted. We are afraid that the contesting respondent's understanding of the consequence of mining is wrong, because if clay is mined from paddy land and pit formed is filled up with ordinary soil, then water retention and conservation will be better in the area leading to availability of more water in the nearby wells. Consequently, we do not find any genuine grievance by the contesting respondent. Since Geologist has granted permission on the clear condition that the appellant after mining clay will fill up the pit formed on W.A.No.1438/2011 2 mining and the appellant has also furnished Bank Guarantee for securing the condition in the permit, we allow the Writ Appeal by reversing the judgment of the learned Single Judge, and allow the WP(C) by vacating the orders impugned in the WP(C) with direction to the respondents to permit the appellant to mine clay subject to the conditions issued by the Geologist. The Village Officer or Panchayat or any other authority is also free to examine whether filling is done in terms of the condition in the permit, and if there is violation appropriate action will be taken against the appellant including orders compelling him to fill up the pit formed and also for encashing the Bank Guarantee furnished for filling up the pit using the said fund. This Writ Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg