IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25849 of 2011(E) -------------------------- PETITIONER(S): ------------------------ SMT.CELINE, THEKKEKAPPIL HOUSE, THIRKKAIPPATA, WAYANAD. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES (A) DEPARTMENT, GOVERNMENT SECRETRIAT,THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, WAYANAD AT KALPETTA-673 121. 3. THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, P.O. MEENANGADI, WAYANAND DISTRICT-678 591. 4. THE TAHSILDAR, TALUK OFFICE, VYTHIRI, WAYANAD.678 591. 5. THE VILLAGE OFFICER, VILLAGE OFFICE, THIKKAIPPATTA, WAYANAD 678 591. 6. THE DISTRICT EXPERT COMMITTEE, REPRESENTED BY THE CHAIRMAN, DISTRICT COLLECTOR, WAYANAD-673 121. BY SR. GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25849/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:-COPY OF NO OBJECTION CERTIFICATE DATED 20.02.2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2:-COPY OF PERMIT DATED 10.08.2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3:-COPY OF PROCEEDINGS NO.L2/24981/11-K.DIS. DATED 15.9.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4:-COPY OF LOCATION SKETCH ISSUED BY THE 5TH RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 25849 of 2011 E ``````````````````````````````````````````````````````````` Dated this the 29th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Heard counsel for the petitioner and learned Government Pleader for the respondents. 2. Ext.P1 is a No Objection Certificate issued by the second respondent, enabling the petitioner to obtain mining permit. According to the petitioner, on the strength of Ext.P1, he had obtained Ext.P2 permit also. Meanwhile, Ext.P3 has been issued cancelling Ext.P1. This is in violation of the principles of natural justice in as much as the petitioner was not issued a show cause notice in the matter. Therefore, cancellation as such cannot be sustained. But, at the same time, the right of cancellation having been reserved in Ext.P1 itself, it is open to the authorities to take action for cancellation but, however, in accordance with law. 3. In that view of the matter, I direct that Ext.P3 be treated as a notice and it will be open to the petitioner to file W.P.(C) No.25849/2011 : 2 : his objection to Ext.P3 within two weeks from today. It is directed that, if the petitioner files his objection as above, the second respondent will issue notice to him, hear him and pass fresh orders in the matter. This, the second respondent shall do, at any rate, within four weeks thereafter. 4. It is clarified that, in the meanwhile, it will not be permissible for the petitioner to conduct any mining activities on the strength of this judgment. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the second respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/29/09 // True Copy // P.A. To Judge