IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37585 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------ SURESH. K, S/O.KUMARAN, AGED 42 YEARS, KANDAMPULLY HOUSE, PIDAVANNUR P.O, MOOKUTHALA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------------------- 1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MANJERI, MALAPPURAM DISTRICT, PIN- 676 121. 2. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD, PIN- 678 001. R1 & R2 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 37585 of 2010 W ``````````````````````````````````````````````````````` Dated this the 20th day of December, 2010 J U D G M E N T Prayers sought in the writ petition are the following:- “(i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to accept and consider the applications for quarrying permit for ordinary earth from the petitioner and consider the same in accordance with law. (ii) Declare that the stand taken by the respondents in not accepting the application for quarrying permit from the petitioner for quarrying ordinary earth on the ground that ordinary earth is not a minor mineral, is illegal and against law.” 2. It is the case of the petitioner that despite Ext.P6, respondents are taking the stand that the ordinary earth is not minor mineral and on that basis, the challans are not counter signed and that applications are not accepted for obtaining W.P.(C) No.37585/10 : 2 : mining permit. 3. Admittedly, the ordinary earth is a minor mineral and, therefore, whoever wants to mine the same is entitled to make application and such applications are liable to be considered in accordance with law. 4. Therefore, clarifying that in the event the petitioner is desirous of obtaining mining permit, it will be open to the petitioner to make an application and that if such an application is made, the respondent will process the same in accordance with law, this writ petition is disposed of. Petitioner shall produce a copy of this judgment and copy of writ petition before the Geologist concerned for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge