IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 3559 of 2008(W) -------------------------------------- PETITIONER: ------------------- K.K.SADANANDAN, AGED 50 YEARS, S/O. KORU, KARIPALI HOUSE, DESAMANGALAM P.O., THRISSUR DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY. RESPONDENTS: ------------------------ 1. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, PUTHOORKARA, AYYANTHOL, THRISSUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOL, THRISSUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 4. THE TAHSILDAR, THALAPPALLY TALUK OFFICE, THALAPPALLY, VADAKKANCHERRY, THRISSUR DISTRICT. 5. THE VILLAGE OFFICER, PALLOOR VILLAGE OFFICE, DESAMANGALAM, THRISSUR DISTRICT. 6. P.SURESH BABU, REVENUE DIVISIONAL OFFICER, KOLLAM. BY GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3559/2008-W: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD. 04/07/2005 BEFORE THE R.3. FOR OBTAINING NOC FOR MINING ORDINARY SAND. EXT.P.2: COPY OF THE LETTER DTD. 11/07/2005 ISSUED BY THE R.1. TO THE R.3. EXT.P.3: COPY OF THE PROFORMA REPORT PREPARED BY THE R.4. DTD. 08/02/2006. EXT.P.4: COPY OF THE REPORT DTD. 25/02/2006 SUBMITTED BY THE R.4. TO THE R.3. EXT.P.5: COPY OF THE DIRECTION ISSUED BY THE .3. TO THE R.1. DTD. 06/03/2006. EXT.P.6: COPY OF THE SKETCH OF THE PROPERTY WHERE MINING HAS TO CONDUCTED PREPARED BY THE R.5 DTD. 08/02/2006. EXT.P.7: COPY OF THE QUARRYING PERMIT DTD. 08/03/2006 ISSUED BY THE R.1. TO THE PETITIONER WHICH WAS VALID UP TO 07/04/2006. EXT.P.8: COPY OF THE QUARRYING PERMIT DTD. 01/09/2006 ISSUED BY THE R.1. TO THE PETITIONER VALID UP TO 10/10/2006. EXT.P.9: COPY OF THE LETTER ISSUED BY THE R.1. TO THE R.2. DTD. 12/10/2006. EXT.P.10: COPY OF THE REPORT DTD. 30/10/2006 ISSUED BY THE R.4. TO THE R.3. EXT.P.11: COPY OF THE REPORT DTD. 30/10/2006 ISSUED BY THE R.3. TO THE R.2. EXT.P.12: COPY OF THE REPORT OF THE R.1. DTD. 08/11/2006 ISSUED TO THE R.2. EXT.P.13: COPY OF THE JUDGMENT DTD. 23/01/2007 IN W.P.(C) NO. 1336/2007 OF THIS HONOURABLE COURT. EXT.P.14: COPY OF THE ORDER DTD. 09/04/2007 PASSED BY THE R.2. WHICH WAS PRODUCED BEFORE THE HONOURABLE HIGH COURT OF KERALA IN C.O.C. NO. 595/2007. EXT.P.15: COPY OF THE REPORT OF THE R.6 DTD. 22/03/2007 PRODUCED BEFORE THIS HONOURABLE COURT IN C.O.C. NO. 595/2007. EXT.P.16: COPY OF THE JUDGMENT IN CONT. CASE (C). NO. 595/2005 DTD. 29/05/2007 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 3559 OF 2008 W = = = = = = = = = = = = = = = = Dated this the 27th February, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P14 order passed by the 2nd respondent declining quarrying permit to the petitioner. 2. The main dispute stated is regarding the location of the property from which quarrying is sought to be done. Referring to Exts. P4, P10, P11 and P12 petitioner contends that the Tahsildar, the RDO and the Geologist had reported that the mining site in question is situated more than 50 metres away from Bharathapuzha. However, Ext. P14 has been issued based on Ext. P15, a report made on behalf of the R.D.O., suggesting that the distance is only 5 metres from Bharathapuzha. 3. Thus the materials available, such as the aforesaid reports and Exts. P14 and P15, gives a contradictory picture about the situs of quarrying and the rejection of the request of the petitioner for W.P.(C) No. 3559 OF 2008 -2- permit is only acting upon Ext. P14 which is seriously challenged by the petitioner. 4. In my view, a correct assessment of the distance has to be done and on that basis the decision in Ext. P14 has to be reconsidered. In order to enable the 2nd respondent to do so, I quash Ext. P15 decision rendered by him and the writ petition is disposed of with the following directions: That the District Collector shall reconsider Ext. P9 application made by the petitioner for renewal of his quarrying permit. Before decision is taken, the District Collector shall, either by himself or by a competent officer working under him, get the distance measured between the site and the Bharathapuzha. This shall be done with notice to the petitioner and also to the concerned respondents. This process shall be completed as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC JUDGE jan/-