IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 35319 of 2010(L) --------------------------------------- PETITIONER(S): ------------------------- 1. PUSHPARAJ.M.S., AGED 35 YEARS, S/O. SUGUNAN, MAPPILAKUDIYIL HOUSE, NERIYAMANGALAM.P.O., AVOLICHAL, ERNAKULAM DISTRICT. 2. SAJI MATHEW, PORIMATTATHIL HOUSE,CHURULI, ALPPARA.P.O., IDUKKI DISTRICT. 3. A.A.JAFFER, AANAKETTIPARAMBIL, KUMMAMKALLU, THODUPUZHA EAST.P.O., IDUKKI DISTRICT. 4. SUMESH KUMAR.P.V., PARACHALIL HOUSE, MYLACOMBU.P.O., PAINKULAM, IDUKKI DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------------------- THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFCE, MINI CIVIL STATION, THODUPUZHA, IDUKKI DISTRICT - 685 606. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 35319 OF 2010 ===================== Dated this the 6th day of December, 2010 J U D G M E N T Petitioners submit that despite having obtained Exs.P1 to P4 quarrying permits and Exts.P5 to P8 dealers licence for quarrying weathered rock, P forms are not issued to the petitioners and on this allegation, the writ petition has been filed. According to them, the reason for non issuance of P Form is that Exts.P9 and P10 orders have been issued by the Executive Magistrate exercising his powers under Section 133 of the Cr.P.C. The contention of the petitioners is that these orders have been stayed by this Court in Ext.P12 order, and hence, the Geologist has acted illegally in declining to issue P Forms to them. In the aforesaid background, the prayer sought is to direct the Geologist to issue P Forms to the petitioners in order to enable them to quarry weathered rock. 2. However, learned Government Pleader who has obtained instructions in the matter submits that the Geologist had inspected the quarry operated by the petitioners as part of a general inspection that was conducted in similar establishments WPC No. 35319/10 :2 : situated in Idukki District. It is stated that pursuant to the said inspection, a ban order was issued by the Geologist on 22/6/2010. According to the learned Government Pleader, it was on account of the above that P Forms have not been issued to the petitioners like other similar persons. 3. Irrespective of the above, on instructions, learned Government Pleader further submits that with regard to the allegations against the petitioners and the consequent non issuance of the P Forms to the petitioners, the Geologist will hear the petitioners and pass appropriate orders in the matter. At this stage, in order to save time, counsel for the petitioners offers that the petitioners will appear before the Geologist on a date to be fixed by this Court. Thereupon, I have ascertained the views of the learned Government pleader also. 4. Taking note of all these, it is directed that it will be open to the petitioners to appear before the Geologist between 10 a.m and 11 a.m on 14/12/2010 and thereupon the respondent shall, either on that day itself or on any day immediately WPC No. 35319/10 :3 : thereafter, hear the petitioners and pass fresh orders in the matter as submitted herein above. 5. Petitioners shall produce a copy of this judgment along with a copy of this writ petition before the respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp