IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 22534 of 2008(G) -------------------------------------- PETITIONER(S): --------------------- LAWRENCE JOSEPH, NAMBUDAKATH HOUSE, MOONILAVU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JOSE DAVIS SRI.GEORGEKUTTY MATHEW RESPONDENT(S): ------------------------ 1. THE DIRECTOR OF MINES SAFETY, CHENNAI REGION, NO. 46 (OLD) /5 (NEW), SECOND STREET, BLOCK 'AA', ANNA NAGAR, CHENNAI 600 040. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 3. THE VILLAGE OFFICER, VILLAGE OFFICE MOONILAVU, MOONILAVU P.O., KOTTAYAM DISTRICT. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R2, R3 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 22534/2008-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STOP MEMO DATED 23/04/2008 ISSUED BY THE 7TH RESPONDENT ALONG WITH THE COPIES OF THE ORDERS DATED 03/03/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE RELEVANT EXTRACT OF THE G.O.(P)NO.2/2008 DATED 02/01/2008. EXT.P3: COPY OF THE COMMUNICATION DATED 11/04/2008 RECEIVED BY THE PETITIONER STATING THE LIST OF THE QUARRY UNITS IN KERALA. EXT.P4: COPY OF THE COMMUNICATION DATED 11/06/2008 RECEIVED BY THE PETITIONER STATING THE DETAILS OF THE ACTIONS TAKEN BY THE 1ST RESPONDENT FOR THE IMPLEMENTATIONS OF THE PROVISIONS OF THE METALLIFEROUS MINES REGULATIONS 1961 FOR THE APPOINTMENT QUALIFIED MANAGER, FOREMEN, MINING MATE, AND BLASTER AND FOR FORMING BENCHES IN ANY OTHER QUARRIES IN THE DISTRICT OF KOTTAYAM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.22534 of 2008 ------------------------- Dated this the 1st day of December, 2008. JUDGMENT The petitioner challenges certain conditions contained in Ext.P1 order issued under Section 22(3) of the Mines Act, 1952 by the Village Officer, Moonnilavu, Kottayam District. 2. It is pointed out, in paragraph 23 of the counter affidavit filed on behalf of the 1st respondent, that Section 22(4) of the Mines Act provides for an appeal by the owner, agent, manager of the mine against the order issued under Section 22(3) of the Act to the Chief Inspector of Mines. In these circumstances, I am not inclined to consider the petitioner's contention on merits. But, it is made clear that if the petitioner files an appeal against the order, the appellate authority shall treat the same as presented within time and proceed to dispose it of without further delay, at any W.P.(C).NO.22534/08 :: 2 :: rate, within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment and a copy of the writ petition, along with the appeal. The other contentions raised by the petitioner are left open. Sd/- (V.GIRI) JUDGE sk/ //true copy//