IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 4742 of 2011(P) ------------------------- PETITIONER: ------------------- K.C.SARASAN, S/O.CHELLAPPAN, KALAYIL HOUSE, VADAKARA, VARIKKAMKUNNU P.O., VIA THALAYOLAPARAMBU, DISTRICT KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) RESPONDENT(S): --------------- 1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM OFFICE, KOTTAYAM-686001. 2. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM-686001. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.4742 OF 2011 -------------------------------- Dated this the 10th day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus preventing 2nd respondent and the officials concerned from interfering with the activities involving sale of sand that is mined and stored by the petitioner on the strength of Ext.P2 permit and transit passes issued by 1st respondent by exercise of functions under Kerala Minor Mineral Concessions Rules, 1967. ii) Issue a writ declaring that the act of 2nd respondent in passing a blanket order evidenced by Ext.P3 banning the mining and sale of sand in Vaikom Taluk is illegal and unsustainable in so far as it affect the rights created in favour of the petitioner by 1st respondent by issuing Ext.P2 permit in exercise of statutory functions. iii) Issue appropriate Writ reviving and extending the validity of Ext.P2 permit from 07-01-2011 in view of the special circumstances of the case by exercise of extra ordinary jurisdiction of this Hon'ble Court. iv) Issue any other appropriate Writ deemed fit and proper in the circumstances of the case. v) Award cost of the petition. 2. The learned Govt. Pleader appearing for the respondents submits that if the petitioner approaches the second respondent W.P.(C) No.4742/2011 - 2 - with regard to the grievance projected in the Writ Petition, the same will be considered and appropriate orders will be passed forthwith. 3. In the said circumstances, the petitioner is relegated to approach the second respondent by filing a petition in this regard; on which event the same shall be considered and appropriate orders shall be passed within 'one week' thereunder. 4. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the second respondent for taking further steps. The Writ Petition is closed. vdv P.R.RAMACHANDRA MENON, JUDGE