IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 10038 of 2009(Y) -------------------------- PETITIONER(S): ------------------ 1. NISSAR AHEMMED K.K. KADUNGATTUPARAMBIL HOUSE,ETTUMANA, KARAVANNUR PO POONKUNNAM, THRISSUR DISTRICT. 2. MOHAMMED SAGEER K.K., KADUNGATTUPARAMBIL HOUSE, M.L.A. ROAD POONKUNNAM PO, THRISSUR DISTRICT. 3. K.P.ZAKKEER HUSSAIN, SHAJI MANZIL PUNNAYURKULAM P.O.,THRISSUR DISTRICT. 4. MRS. K.P.SHAMSHAD, KOTTILUMGAL HOUSE MARANJERI P.O., MALAPPURAM DISTRICT. 5. S.K.MOHAMMED ISHAK, SAMBRIYEKKAL HOUSE MANGALIPPADAM, KURIACHIRA PO, THRISSUR DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): -------------------- 1. THE SECRETARY, INDUSTRIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY KESAVADASAPURAM, PATTOM PALACE P.O. THIRUVANANTHAPURAM. 3. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION CHEMBOOKKAVU P.O.,THRISSUR DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER THRISSUR REVENUE DIVISIONAL DIVISIONAL OFFICE AYYANTHOLE P.O.,THRISSUR DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 10038 OF 2009 (Y) ===================== Dated this the 27th day of March, 2009 J U D G M E N T Petitioners submit that they applied for renewal of their mining permits. That was ordered to be considered in Ext.P3 judgment rendered by this Court. According to them, on the directions of the respondents, they filed Ext.P5 application for fresh permit and that was declined to be accepted for the reason that the area in respect of which applications were made was not included in the schedule to Ext.P2 Government Order dated 7/2/2009 identifying areas having clay deposit. 2. According to the petitioners, it was really an omission on the part of the respondents to have included the area in question in Ext.P2 and they refer to Exts.P6 communication issued by the Geologist dated 28/2/2009 to the Director of Mining and Geology and Ext.P7 letter dated 18/3/2009 issued by the Director of Mining and Geology to the 1st respondent where they have furnished additional areas for inclusion in the schedule to Ext.P2, which includes the area in respect of which permit was sought in Ext.P5. WPC 10038/09 :2 : 3. The matter is thus pending consideration of the 1st respondent and necessarily orders on Ext.P5 will depend upon the decision to be taken by the Government on Exts.P6 and P7. 4. Therefore, at this stage, what is required is that the 1st respondent shall take a decision on Ext.P7 proposal made by the Director of Mining and Geology for inclusion of additional areas in Ext.P2. 5. In view of the above, the writ petition is disposed of directing the 1st respondent to consider Ext.P7 dated 18/3/2009 issued by the 2nd respondent and pass necessary orders in this behalf. Orders on Ext.P7 shall be passed, as expeditiously as possible. It is directed that depending on the decision taken on Ext.P7, orders on Ext.P5 shall also be passed by the 3rd respondent. Petitioners shall produce a copy of this judgment before respondents 1 and 3 for compliance. ANTONY DOMINIC, JUDGE Rp