IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 21087 of 2008(I) -------------------------- PETITIONER: ------------------- BABU K.N. S/O NARAYANAN, MOOTHRATHILKARA, NANDIKARA,THRISSUR DISTRICT. BY ADV. SRI.H.BADARUDDIN RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21087/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE APPLICATION DT. 2.4.08. EXT.P2:- COPY OF THE CONSENT LETTER . EXT.P3:- COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE TAHASILDAR, CHITTUR ON 27.3.04. EXT.P4:- COPY OF THE MINING MAP DULEY CERTIFIED BY THE VILLAGE OFFICER, PUDUNAGARAM. /TRUE COPY/ P.S. TO JUDGE tss V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).21087 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2008 JUDGMENT The petitioner submitted an application Ext.P1 before the 2nd respondent seeking quarrying permit in terms of the Miner Mineral Rules for extracting ordinary sand from the land having an extent of 0.4765 hectares. Ext.P1 application is pending in this regard before the 2nd respondent. The petitioner is aggrieved by the delay in considering the application as such. 2. Learned Government Pleader submits that the competent authority, the Geologist, who is to consider the application, would possibly have to take note of the opinion, if any, given by any authority regarding the ecological and other relevant matters. Obviously, while exercising the statutory powers, if the Rules provide for taking such factors also into consideration and such factors are available, the Geologist will be entitled to take into account any such factors, before considering the application filed by the petitioner. In the result, the writ petition is disposed of directing the 2nd respondent to W.P.(C).21087 of 2008 -: 2 :- consider and pass orders on Ext.P1 in accordance with law, after hearing the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/- //true copy// P.S. To Judge