IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33285 of 2011(I) -------------------------- PETITIONER(S): --------------- E.M.SUNNY, MANAGING PARTNER, VICTORY GRANITE METALS, MANNAMPETTA, VARAKKARA P.O., TRICHUR DISTRICT. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL LINE, AYYANTHOLE, TRICHUR-680 003. 2. THE SUPERINTENDENT OF POLICE, (TRICHUR RURAL), OFFICE OF THE RURAL SUPERINTENDENT OF POLICE, CIVIL STATION, AYYANTHOLE, TRICHUR-680 003. GP SRI. MOHAMMAD SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).33285/11 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF ORDER DATED 22.6.11 EXT.P2- TRUE COPY OF THE ORDER DATED 11.4.07 EXT.P3- TRUE COPY OF THE ORDER DATED 25.6.05 EXT.P4- TRUE COPY OF CONSENT DATED 24.10.09 EXT.P5- TRUE COPY OF SIMILAR CONSENT DATED 12.12.08 EXT.P6- TRUE COPY OF LETTER DATED 20.9.08 EXT.P7- TRUE COPY OF SIMILAR LETTER DATED 20.9.08 EXT.P8- TRUE COPY OF GOVERNMENT ORDER DATED 5.4.10 EXT.P9- TRUE COPY OF THE ORDER DATED 19.8.11 EXT.P10- TRUE COPY OF COMPLAINT DATED 4.11.11 /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).33285/2011 .............................................. Dated this the 20th day of December, 2011 JUDGMENT Exts.P1 to P3 are the mining permits obtained by the petitioner for conducting mining in the property mentioned therein. He has also obtained Exts.P4 and P5 consent from the Pollution Control Board. According to the petitioner, for conducting mining as per Exts.P1 to P3, transportation of soil, which includes red earth, in the property will have to be effected. It is stated that he approached the Geologist for permit and that it has been clarified that by Exts.P6 and P7 that such permit is not necessary. Despite all this, the police are registering case and therefore, he made Ext.P10 representation to the second respondent. The second respondent did not interfere in the matter and therefore, this writ petition is filed. 2. Although there is force in the contention of the learned Government Pleader, that red earth is a minor mineral and therefore, the provisions of the KMMC Rules will apply, fact remains that in this case, red earth is generated on account of the mining that is carried on the strength of Exts.P1 to P3. W.P.(C).33285/11 2 3. I also find considerable force in the submission of the learned Government Pleader that the respondents are not in a position to identify whether the transporting materials are from the mining pit only. This certainly is a matter of serious concern and in case respondents or any authority entertain any doubt in this respect, it will be the responsibility of the petitioner to prove the legitimate procurement of the material. 4. Therefore, this writ petition is disposed of directing that in the light of the above, necessary orders in this behalf will be issued by the second respondent in order to enable the petitioner to carry on his activity on the strength of Exts.P1 to P3. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second respondent who there upon, will issue appropriate clarifications on Ext.P10. ANTONY DOMINIC, Judge mrcs