IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 11254 of 2011(F) -------------------------- PETITIONER(S): --------------- NAVAS, KIZHAKKEKAVUNGAL VEEDU AROOKUTTY, CHERTHALA TALUK. BY ADV. SRI.S.RADHAKRISHNAN SRI.S.RAJ MOHAN SMT.J.DEEPTHI ROSE RESPONDENT(S): --------------- 1. LAND REVENUE COMMISSION, STATE OF KERALA REPRESENTED BY LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM 695 001. 2. DISTRICT COLLECTOR,KOTTAYAM 686 001. 3. SENIOR GEOLOGIST, DISTRICT MINING AND GEOLOGICAL DEPARTMENT KOTTAYAM 686 001. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................... W.P.(C).11254/2011 ....................... Dated this the 7th day of April, 2011 JUDGMENT Petitioner is before this Court in the second round of litigation. On an earlier occasion, W.P.(C).20718/2010 was filed which was disposed of as per Ext.P7 judgment dated 2.7.2010, whereby the petitioner was relegated to avail the statutory remedy as provided under Rule 49 of the Kerala Minor Mineral Concession Rules, 1967. Pursuant to the above verdict, the matter was considered by the Government who passed Ext.P8 order dated 29.3.2011 whereby the appeal preferred by the petitioner was partly allowed in the following terms. “Therefore the appeal is partially allowed and the direction of the Geologist in his order dated 27.5.2010 to reclaim the pits formed due to earlier mining by the appellant and to forfeit the Bank guarantee produced by him for the purpose of its reclamation is set aside. As far as continuation of mining W.P.(C).11254/2011 2 activity is concerned withdrawal of cancellation of NOC by the District Collector is required for which the appellant will have the liberty to approach the appropriate forum as per rules.” 2. Learned counsel for the petitioner submits that with regard to the latter part of Ext.P8 order , ie, in respect of the withdrawal of cancellation of NOC by the District Collector, petitioner has preferred Ext.P9 appeal, which is pending consideration before the first respondent. The prayer now sought for is to direct the first respondent to consider Ext.P9 appeal and pass appropriate orders in accordance with law. 3. Heard the learned Government Pleader as well. 4. In the above circumstances, the first respondent is directed to consider Ext.P9 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, W.P.(C).11254/2011 3 within two months from the date of receipt of a copy of this judgment, of course, after giving an opportunity of hearing to the parties concerned. 5. Petitioner shall produce a copy of this judgment along with the copy of this writ petition before the first respondent for taking further steps. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs