IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 10085 of 2010(I) ------------------------------------- PETITIONER: ------------------- P.V.THOMAS, AGED 43 YEARS, S/O.VARGHESE, PAYYAMPALLIL HOUSE, CUMBUMETTU P.O., IDUKKI DISTRICT. BY ADV. MR.JOBI JOSE KONDODY. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KUIYILIMALA, PAINAVU, IDUKKI DISTRICT. 2. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THODUPUZHA P.O., IDUKKI DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.10085 OF 2010 --------------------------------------- Dated this the 25th day of March, 2010. J U D G M E N T The petitioner is an applicant for obtaining quarrying permit for mining sand from the property comprised in Survey No.407/6 (T.P.No.1789) of Anakkara village in Udumpunchola Taluk. As per the amended rules namely, Kerala Minor Mineral Concession Rules, a No Objection Certificate from the District Collector is required for issuing quarrying permit and accordingly, Exhibit P2 application has been submitted. 2. It is submitted that the formalities for issuing the No Objection Certificate by way of calling for reports from the Tahsildar, Village Officer etc. are over and they have reported that sand is available there and the mining can be permitted. These submissions are supported by Exhibits P3 to P5 documents. Exhibit P7 is the copy of the report of the Geologist dated 01.01.2010 wherein it is mentioned that there is sufficient quantity of ordinary sand forming part of a plateau and that there W.P.(C) No.10085/2010 2 will be no environmental problem if the permit is granted. Thereafter, the District Collector has referred the matter to the Deputy Collector (Trainee) who has filed Exhibit P8 report. 3. It is the case of the petitioner that Deputy Collector (Trainee) is not an expert as far as various technical aspects are concerned. It is also submitted that the District Collector may be directed to verify the facts as reported by the Tahsildar, Village Officer and the Geologist and take appropriate decision in the matter. 4. Exhibit P11 is the judgment rendered by this Court in W.P.(C) No.2282/2010 in similar circumstances wherein this Court directed the matter to be considered in the light of the report of the Geologist. A further direction was issued to inspect the property by the officers of the Ground Water Department to find out whether the mining will affect the availability of drinking water. Therefore, the said method can be adopted by the District Collector to find out whether the mining will affect the availability of drinking water and a report will be called for from the officers W.P.(C) No.10085/2010 3 of the Ground Water Department. After considering various reports including the report of the Geologist, Ground Water Department etc., appropriate action will be finalized within a period of three weeks from the date of receipt of a copy of this judgment. It is submitted by the learned counsel for the petitioner that the mining is proposed to be conducted only one metre depth. The same also will be considered by the District Collector while passing orders. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp