IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 WP(C).No. 13405 of 2009(U) -------------------------- PETITIONER ------------- KEESHMAD KHADI AND VILLAGE INDUSTRIES CO-OP. SOCIETY LTD.NO.2253, REPRESENTED BY ITS SECRETARY, V.A.RAJESH, AGED 28 YEARS, S/O. V.N.AYYAPPAN PILLAI, VAZHEATHU HOUSE, KUTTAMASSERY, THOTTUMUGOM P.O., ALUVA. BY ADV. SRI.T.N.SURESH SRI.ROY THOMAS RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 2. THE GEOLOGIST, MINGING AND GEOLOGY, CIVIL STATION, ERNAKULAM. 3. P.K.KUNJUMON, AGED 30 YEARS, THAZHATHU VEETTIL, KEERANKUNNU, ALUVA. BY GOVERNMENT PLEADER SRI.ANTONY MUKKETH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.13405 of 2009 -------------------------- Dated this the 8th May,2009 J U D G M E N T The petitioner obtained a permit for removal of clay from paddy fields and this has been questioned by the 3rd respondent by way of an appeal under the Kerala Minor Mineral Concession Rules, 1967. The Land Revenue Commissioner proceeded to pass an order of stay on 21.3.2009. Petitioner is aggrieved by the same. 2. In my view, the petitioner should approach the Land Revenue Commissioner and seek the disposal of the appeal in which Exhibit-P5 order has been passed. 3. Having heard the learned Government Pleader also, the writ petition is disposed of directing the Land Revenue Commissioner to pass orders on the appeal in which Exhibit-P5 order of stay has been passed, after hearing the petitioner as also the 3rd respondent, within a period of one month from the date of receipt of a copy of this judgment. If by the time the Land Revenue W.P ( C) No.13405 of 2009 2 Commissioner passes orders on the appeal, the period of validity expires, obviously, the Commissioner would be entitled to pass suitable directions in the matter of renewal of the validity of the permit, if the grant permit is otherwise upheld by the Commissioner. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.13405 of 2009 3 W.P ( C) No.13405 of 2009 4