IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 14264 of 2011(G) -------------------------- PETITIONERS: --------------- ST.FRANCIS ASSISI MINOR SEMINARY, MANALIKKAD, MADATHUMPADI VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT, REP. BY ITS RECTOR. BY ADV. MR. A.S.RADHAKRISHNAN NAIR RESPONDENTS: --------------- 1. VILLAGE OFFICER, MADATHUMPADI VILLAGE OFFICE, THRISSUR DISTRICT. 2. THE DISTRICT GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THRISSUR. 3. SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA, THRISSUR DISTRICT. * 4. THE SECRETARY, INDUSTRIAL DEPARTMENT (* suo motu impleaded as the additional 4th respondent vide. judgment) BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 14264 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 2nd June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. issue a writ in the nature of mandamus commanding the respondents 1 and 3 not to interfere with the removal of ordinary earth by the petitioner from Ext. P1 property under the guise that sanction under Minor Mineral Concession Rules is necessary. ii. in the alternative issue a writ in the nature of mandamus commanding the 2nd respondent to accept the application for removal of ordinary earth from Ext, P1 property and pass orders in accordance with law within such time as may be fixed by this Hon'ble Court. iii. issue such other orders, writs or directions as are deemed fit by this Hon'ble Court. iv. award cost of this proceedings to the petitioner. 2. The learned counsel for the petitioner submits that, by virtue of Ext. P6 Government Order dated 05.04.2011, no permission is required to mine the ordinary earth as sought for by the petitioner and it is for this reason that the second respondent has refused to accept the application in this regard, despite the attempt and approach made by the petitioner. W.P. (C) No. 14264 of 2011 : 2 : 3. Heard the learned Government Pleader as well. 4. It is seen that the observation in Ext. P6 that the ordinary earth is not a minor mineral does not appear to be correct, in so far as the same happens to be included under the Mines and Minerals (Development and Regulation) Act, 1957, by virtue of the enabling provision to have it notified by the Government. The learned Government Pleader submits that this power has been exercised by the Central Government and it has been notified accordingly. The learned Government Pleader also pointed out that the scope and extent of complying with the formalities, in the case of removing ordinary earth, stands on a different footing and if the petitioner approaches the Government in this regard, the application will be caused to be considered and finalized within the shortest possible time passing appropriate orders in accordance with law. 5. In the said circumstances, the Secretary to the Industrial Department is suo motu impleaded as the additional 4th respondent. The Writ Petition disposed of, relegating the petitioner to approach the additional 4th respondent by filing a proper application seeking for necessary permission for the redressal of his grievance within two weeks, from the date of receipt of a copy of this judgment, W.P. (C) No. 14264 of 2011 : 3 : on which event, the same shall be considered and appropriate orders shall be passed by the additional 4th respondent in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months thereafter. P. R. RAMACHANDRA MENON, JUDGE kmd