IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 20947 of 2008(R) ------------------------------------------ PETITIONER: -------------------- RAMESH, S/O.PADMANABHAN, PUDUCHI HOUSE, AYALOORE P.O, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN RESPONDENTS: ------------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD. BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20947/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FILED BEFORE THE 2ND RESPONDENT GEOLOGIST FOR THE ABOVE SAID PURPOSE ON 25/05/2008. EXT.P2: COPY OF THE DEED OF CONSENT LETTER. EXT.P3: COPY OF THE TITLE DEEDS NO.240 AND 241 OF 1993 OF SRO, KOLLANGODE. EXT.P4: COPY OF THE SURVEY MAP IN RESPECT OF THE PROPERTY. EXT.P5: COPY OF THE TAX RECEIPT FOR THE PAYMENT OF LAND TAX IN RESPECT OF THE PROPERTY. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).20947 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2008 JUDGMENT The petitioner submitted an application Ext.P1 before the 2nd respondent seeking quarrying permit in terms of the Miner Mineral Rules for extracting ordinary sand from the land having an extent of 0.2320 hectares. Ext.P1 application is pending in this regard before the 2nd respondent. The petitioner is aggrieved by the delay in considering the application as such. 2. Learned Government Pleader submits that the competent authority, the Geologist, who is to consider the application, would possibly have to take note of the opinion, if any, given by any authority regarding the ecological and other relevant matters. Obviously, while exercising the statutory powers, if the Rules provide for taking such factors also into consideration and such factors are available, the Geologist will be entitled to take into account any such factors, before considering the application filed by the petitioner. In the result, the writ petition is disposed of directing the 2nd respondent to W.P.(C).20947 of 2008 -: 2 :- consider and pass orders on Ext.P1 in accordance with law, after hearing the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/- //true copy// P.S. To Judge