IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 9151 of 2011(T) -------------------------------- PETITIONER(S): ------------------- SANILKUMAR,AGED 35 YEARS, S/O.SADANANDAN,CHATHANTHARA HOUSE, MADATHUMPADI PO,THRISSUR DISTRICT. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENT(S): -------------------- 1. REVENUE DIVISIONAL OFFICER, THRISSUR, PIN 680 003. 2. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,THRISSUR,PIN 680 003. 3. VILLAGE OFFICER, THIRUMUKKULAM VILLAGE, MALA VIA,THRISSUR,PIN 680 012. BY GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.9151 OF 2011 -------------------------------- Dated this the 23rd day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ in the nature of mandamus commanding the 2nd respondent to permit the petitioner to deposit the application fee as provided under Rule 6 of the Minor Mineral Concession Rules for filing an application for permit to mine clay from Ext.P1 property within such time as may be fixed by this Hon'ble Court. ii) Issue a writ in the nature of mandamus commanding 2nd respondent to accept the application from the petitioner for permit to mine clay from Ext.P1 property as provided under the Minor Mineral Concession Rules and pass orders within such time as may be fixed by this Hon'ble Court. iii) Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court. iv) Award cost of this proceedings to the petitioner. 2. The learned Govt. Pleader appearing on behalf of the respondents, relying on the materials on record, submits that the idea and understanding of the petitioner is rather misconceived; in so far as any application for permit to mine clay can be considered and acted upon by the concerned Geologist, only subject to the N.O.C to be issued by the District Collector, by virtue of the amended provisions of law. W.P.(C) No.9151/2011 - 2 - 3. In the above circumstances, the Writ Petition is disposed of without prejudice to the rights and liberties of the petitioner to approach the District Collector for requisite N.O.C and to pursue the matter accordingly. P.R.RAMACHANDRA MENON JUDGE vdv