IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 27417 of 2010(B) -------------------------- PETITIONER(S): -------------------- 1. MATHEW JOSEPH KOLADY,KOLADY HOUSE, ATHIRAMPUZHA PO,KOTTAYAM DISTRICT. 2. M.K.SUKUMARAN,AGED 48 YEARS, S/O.KRISHNAN,MADATHIKUDY HOUSE, NEENDAPARA PO,ERNAKULAM DISTRICT. 3. K.K.RAJEEV,S/O.KRISHNAN,KUTHUNGAL HOUSE, NERIYAMANGALAM PO,ERNAKULAM DISTRICT. 4. JAMES V.C, VADAKKEMULANJANAL HOUSE, UPPUTHODE PO,IDUKKI DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR,IDUKKI, COLLECTORATE,KUYILIMALA,PAINAVU,IDUKKI DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM REVENUE DIVISIONAL OFFICE, DEVIKULAM PO, IDUKKI DISTRICT. 3. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THOUDPUZHA, IDUKKI DT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27417 OF 2010 (B) ===================== Dated this the 9th day of September, 2010 J U D G M E N T According to the petitioners, they were issued Exts.P1 to P4 mining permits for mining of weathered rock. It is stated that based on certain news reports, Ext.P5 communication was issued prohibiting mining on the strength of Exts.P1 to P4. Although ban imposed by Ext.P5 was lifted by Ext.P6 in respect of certain persons and mining was resumed, by Ext.P7 order, the 2nd respondent issued a total prohibition of mining of weathered rock in the Devikulam Revenue Division. It is affected by Ext.P7, the writ petition is filed. 2. Although several contentions are raised by the learned counsel for the petitioners, a reading of Ext.P7 does not show that the said order was issued after issuing notice to the licenced persons like the petitioners. In that view of the matter, Ext.P7 as such cannot be sustained. 3. Therefore, I direct that Ext.P7 be treated as notice and it will be open to the petitioners to submit their objections to Ext.P7 within two weeks from today, in which event, the 2nd WPC No. 27417/10 :2 : respondent will consider Ext.P7 in the light of the objections so filed and fresh orders will be passed within two weeks thereafter. In the meantime, status quo as on today will continue. 4. Petitioners to produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp