IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 2265 of 2008(T) ------------------------- PETITIONER: ------------ M.V. MATHACHAN, VALIYANAMKANDATHIL VEEDU, MEVELLOOR P.O., VAIKOM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- 1. THE GEOLOGIST, MINING AND GEOLOGIST DISTRICT OFFICE, COLLECTORATE P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, VELLOOR, KOTTAYAM DISTRICT. BY GOVT. PLEADER MR. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 2265 OF 2008 T ===================== Dated this the 18th day of January, 2008 J U D G M E N T In this case, Ext.P1 permit has been issued to the petitioner incorporating condition No.17, based on a judgment of this court in WP(C) 1694/04. According to the respondents, the effect of the judgment is that the petitioner will not be entitled to use pump and motor for washing ordinary sand, which they are mining. It is objecting to the said clause, this writ petition has been filed. 2. A Division Bench of this court in judgment in WP(C) No.29713/06 has already taken the view that irrespective of the facts of the case, there cannot be a clause as Ext.P17 in all cases. According to the Division Bench judgment, it is for the authorities to consider the facts of each case and take a decision as to whether such a clause prohibiting the use of pump and motor is WPC 2265/08 :2 : required to be incorporated or not. In view of the similarity of the facts of this case with the facts of the case decided by the Division Bench of this court, I am satisfied that the petitioner is also entitled to the reliefs similar to what has been granted by the Division Bench. Therefore, I dispose of this writ petition directing that, the Geologist, Mining, Kottayam shall consider as to whether a prohibition of use of pump and motor is required to be imposed in the case of the petitioner also. ANTONY DOMINIC, JUDGE. Rp