IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 28041 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ K.K.ABDUL REHIMAN, KARUKUNNATHU HOUSE, PERINGALA.P.O., KUMARAPURAM(VIA), KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683 565. BY ADV. SRI.ISAC SANJAY SMT.V.V.RISANI RESPONDENT(S): --------------------------- 1. DIRECTOR OF MINES SAFETY, D.G.M.S., BANGALORE REGION, NO.5, 17TH MAIN (100 FEET) ROAD, 4TH 'B' BLOCK, KORAMANGALA, BANGALORE-560 034. 2. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF LABOUR & EMPLOYMENT, DIRECTORATE GENERAL OF MINES SAFETY, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28041/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING & GEOLOGY NO.712/2008-09/836/M3/2009 DATED 17/02/2009. P2 COPY OF THE QUARRYING LEASE NO.782/09/1 DATED 25/02/2009 OF SRO, MUVATTUPUZHA. P3 COPY OF THE CONSENT GIVEN BY THE KERALA STATE POLLUTION CONTROL BOARD NO.PCB/DO-EKM/ICO-OR-24/F/09 DATED 24/06/09. P4 COPY OF THE LICENCE NO.E/SC/KL/22/986(E4 1703) DATED 07/10/2009 ISSUEDBY THE MINISTRY OF COMMERCE & INDUSTRY PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION (PESO). P5 COPY OF THE PANCHAYAT LICENCE NO.A4-5521/10 DATED 27/08/10 ISSUED BY ARAKUZHA GRAMA PANCHAYAT. P6 COPY OF THE STAY ORDER OF THE TRIBUNAL FOR SELF GOVERNMENT INSTITUTIONS IN I.A.NO.1193/2011 IN APPEAL NO.722/2011 DATED 11/10/2011. P7 COPY OF THE REPORT OF THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, NO.A3-5705/11 DATED 17/09/2011. P8 COPY OF THE MINING MATE'S CERTIFICATE ISSUED UNDER METALLIFEROUS MINES REGULATIONS, 1961 ISSUED IN FAVOUR OF B.RAJAPPAN NAIR DATED 27/06/2006. P9 COPY OF THE AGREEMENT BETWEEN B.RAJAPPAN NAIR AND THE PETITIONER DATED 23/05/2011 P10 COPY OF THE REPORT OF THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA NO.A3-7227/2007 DATED 08/02/2008. P11 COPY OF THE PERMIT NO.83/11-12/MM/GS/QL/CRPS/DOE/2265/E2/11 DATED 23/07/2011. P12 COPY OF THE NOTICE/ORDER OF THE 1ST RESPONDENT NO.BGR/ORDER 108/STONE/KERALA/2029 DATED 03/10/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ----------------------------------- W.P.(c)No.28041 of 2011 --------------------------------- Dated this the 25th day of November, 2011 JUDGMENT Challenge in this Writ Petition is raised against Ext.P12, an order passed by first respondent, under the Regulation 108 of Metalliferous Mines Regulations, 1961. The Metalliferous Mines Regulations referred to above, provides the remedies against such order also. Against an order passed by Inspector appeal to the Chief Inspector is provided in Regulation 194 and appeal against the orders of the Chief Inspector is provided to the Committee under the Regulation 195. Therefore, it is up to the petitioner to seek the statutory remedies. In that view of the matter, I dispose of this Writ Petition leaving it open to the petitioner to file the appeal before the statutory authorities. If such an appeal is filed within 4 weeks from today, the same will be entertained by the appellate authority and the contentions of the petitioner will be considered on merits. sd/- ANTONY DOMINIC, JUDGE /True copy/ P.A. to judge ln