IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33107 of 2009(G) -------------------------- PETITIONERS: --------------- 1. SURESH BABU.S., AGED 49 YEARS S/O. SEKHARA PILLAI, VELLIYATHU HOUSE ATHANI.P.O. NEDUMBASSERY ERNAKULAM DISTRICT. 2. K.P.RJAPPAN NAIR, AGE 53 YEARS S/O. PADMANABHA PILLAI, KUZHIKANDATHIL HOUSE VADAKARA.P.O., THALAYOLAPPARAMBU, ERNAKULAM DISTRICT. 3. ANSAR.P.P., AGED 35 YEARS S/O. PAREED, PERUMPADAN HOUSE, CHOWARA.P.O. ERNAKULAM DISTRICT. 4. BIJU.S., AGED 39 YEARS, S/O. SUDHAKARAN, THATTATHUPARAMBIL HOUSE, SOUTH ADUVASSERY, ERNAKULAM DISTRICT. 5. RAJU.P.V. AGED 40 YEARS S/O. VAREED, PANIKULANGARA, AYROOR.P.O. ATTUPURAM ERNAKULAM DISTRICT. 6. PURUSHOTHAMAN.K.K., AGED 55 YEARS, S/O. KUTTAPPAN, KALLAKERI HOUSE CHALAKKAL KUTTIYATHODU.P.O., ERNAKULAM DISTRICT. BY ADV. DR.VINCENT PANIKULANGARA SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS: --------------- 1. PIRAVOM GRAMA PANCHAYAT(SPECIAL GRADE) REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PIRVAM GRAMA PANCHAYAT. 3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, GOVERNMENT OF KERALA, DISTRICT OFFICE CIVIL STATION, KAKKANAD, ERNAKULAM. ADV. SRI.S.SREEKUMAR, SC FOR R1 AND 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.33107 OF 2009 -------------------------------------- Dated this the 24th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The 2nd respondent is the Secretary of the 1st respondent Grama Panchayat. The 3rd respondent is the Geologist having jurisdiction over the area in question. 2. The petitioners applied for grant or renewal of licence to mine clay from paddy fields. They also say that clay, which was mined out during the previous year, is left unutilised and is stored by the petitioners in the locality. They need the permission of the respondents 1 and 2 to put the stored materials to use in the manufacture of bricks. They also need permits to resume mining of clay. 3. Following the directions of this Court in Kairali Swayam Sahaya Sangam v. State of Kerala [2009(2)KLT 181] and having regard to the relevant provisions of the Panchayat Raj Act and different statutory provisions that govern the field of mining, the W.P.(C) No.33107/2009 2 Panchayat has taken Ext.P33 decision, deciding to grant permit to 21 persons enumerated therein on terms fixed thereby and on the condition that the permit will be issued when the appropriate clearances of the Mining and Geology Department, Revenue Department, Pollution Control Board etc. are produced. 4. Though the petitioners tried to state in the Writ Petition that the 1st respondent informed the petitioners that they have to get a no objection certificate from a Samithy, there is no such insistence either in Ext.P33 or among the directions issued by this Court in the aforesaid judgment. 5. The learned counsel for respondents 1 and 2 state that there is no requirement to obtain the NOC of any Samithy and that licences will be issued in terms of Ext.P33 on production of necessary documents in consonance with what is stated in the last two paragraphs of Ext.P33. This submission is recorded and it is ordered that the individual request of the petitioners will be considered by the Panchayat Secretary on production of the W.P.(C) No.33107/2009 3 appropriate documents in support of what is required in terms of the last two paragraphs of Ext.P33 and if satisfied with such materials, the Secretary shall issue the licences within a period of two weeks therefrom. 6. The Panchayat Secretary will inspect any site where the petitioners' claim to have stored clay appropriately and if satisfied that the clay is not mined recently, the Panchayat Secretary will consider any application for issue of licence for utilising that clay for the manufacture of bricks. However, the respondents 1 and 2 will ensure strict vigil that under the guise of such licences there is no further mining. Let that be done within a period of two weeks of any among the petitioners pointing out any site by a written application to respondents 2 and 3. The Writ Petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, Judge ps