IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 17861 of 2008(B) ---------------------------------- PETITIONER: ---------------- GOPALAN.A.P., 'INDURAGAM', KIZHAKKE NADA, VAIKOM P.O., VAIKOM, KOTTAYAM DIST. BY ADV. SRI. BIJU BALAKRISHNAN RESPONDENTS: ------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, COLLECTORATE P.O., KOTTAYAM DISTRICT. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 4. THE TAHSILDAR, TALUK OFFICE, VAIKOM. 5. THE VILLAGE OFFICER, NADUVILA VILLAGE, VAIKOM, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.17861 OF 2008 ---------------------------------------- Dated this the 16th day of June, 2008 JUDGMENT The petitioner claims to be the owner of 1 acre of property in Naduvila Village in Kottayam District. He obtained Ext.P3 quarrying permit to mine 1000 metric tonnes of ordinary sand from 10 ares of the property demarcated in Ext.P2. Now by Ext.P4 issued by the 4th respondent, the petitioner has been directed to stop mining. The petitioner is aggrieved by the same. He, therefore, seeks the following reliefs: “i) Quash Ext.P4 by issuing a Writ of Certiorari or any other appropriate Writ, Order or direction. ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to permit the petitioner to conduct mining of ordinary sand on the basis of Ext.P3”. 2. I have heard the learned Government Pleader also. The proceedings appear to be on the basis that the petitioner has violated the provisions of the Kerala Land Utilisation Order. That being so, Ext.P4 has to be followed up with a final speaking order W.P.(c)No.17861/08 2 by the authority competent under the Kerala Land Utilisation Order. The authority competent to pass final orders in the matter is the jurisdictional Revenue Divisional Officer. In the above circumstances, I feel that the jurisdictional Revenue Divisional Officer should pass final orders pursuant to Ext.P4. Accordingly, the writ petition is disposed of with a direction to the jurisdictional Revenue Divisional Officer to pass final orders in the matter, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. If the petitioner succeeds before the RDO, he would be entitled to proportionate extension of the period for conducting the mining fixed in the permit issued to him. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.17861/08 3