IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 W.P(C).No. 5454 of 2008(Y) --------------------------------- PETITIONER: -------------- CHACKO KURIAN, S/O. KURIAN, AGED 43 YEARS, RESIDING AT MANNATHIKUZHIPPARA HOUSE, KADAPLAMATTOM P.O., ANDOOR KARA, ELACKADU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. ADDITIONAL DISTRICT MAGISTRATE,KOTTAYAM. 4. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM. 5. CHINNAMMA LUKA, NOOTTIYANIKKUNNEL, KADAPLAMATTOM. BY GOVT. PLEADER, SRI.V.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5454 OF 2008 Y ==================== Dated this the 10th day of March, 2008 J U D G M E N T In this writ petition, the challenge is against Exts. P8 and P9. By Ext.P8, the renewal of the permit sought for by the petitioner was declined by the Geologist acting upon Ext.P9 order issued by the Additional District Magistrate. By Ext.P9, the Additional District Magistrate directed that the licence for blasting operations in the quarry belonging to the petitioner shall not be renewed beyond 11/2/2008 and that all blasting operations should be stopped forthwith. A reading of Ext.P9 shows that serious allegations have been made against the petitioner to justify the order issued by the Additional District Magistrate. 2. It is not in dispute that the notified authority for considering the application for renewal of the mining permit is the Geologist. If the Geologist is the statutory authority, it is for the Geologist to consider the application made in terms of the WPC 5454/08 :2 : relevant provisions of the governing statute and on appreciation of the facts involved. Such exercise of power by the Geologist cannot be curtailed or circumscribed by any authority including the Additional District Magistrate. Therefore, the rejection of the petitioner's application for renewal, purely guided by Ext.P9 order of the Additional District Magistrate cannot be sustained. Hence quashing Ext.P8, I direct that the Geologist shall reconsider the application made by the petitioner for renewal of the permit. 3. But this judgment shall not be understood as requiring the Geologist to automatically renew the permit granted to the petitioner. If as mentioned by the Additional District Magistrate, there are circumstances warranting an order declining renewal of the mining permit, it is always open to the Geologist to refuse such renewal. It will also be open to the Geologist to appreciate as to whether the conditions imposed by the Munsiff's Court, Pala in OS 290/06 has been violated or whether the licence issued by the Panchayat has expired. Therefore, the writ petition is disposed of with the above directions. 4. It is submitted by the learned Government Pleader WPC 5454/08 :3 : that since 11/2/2008, the mining operations in the quarry has been stopped on the expiry of the permit. I clarify that status quo as on date will continue until otherwise ordered by the Geologist. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp