IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 W.P.(C) No. 3313 of 2008(T) --------------------------------- PETITIONER: -------------- BABYRAJ, VAIPPEL VEEDU, BRAHMAMANGALAM P.O., VAIKOM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ----------------- 1. THE GEOLOGIST, MINING AND GEOLOGIST DISTRICT OFFICE COLLECTORATE P.O.,KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY DEPARTMENT OF HOME AFFAIRS THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF PLICE VELLOOR, KOTTAYAM DISTRICT. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 3313 OF 2008 T = = = = = = = = = = = = = = = = Dated this the 29th January, 2008 J U D G M E N T The challenge in this writ petition is essentially against clause 17 of Ext. P1 permit. According to the petitioner, this clause was incorporated purported to be acting upon the judgment of this Court in W.P.(C) No. 32076 of 2007, the effect of which is that the petitioner will not be permitted to use the pump and motor for washing ordinary sand which he is mining. 2. A Division Bench of this Court has held in the judgment in W.P.(C) No. 29713/06 that irrespective of the facts of the case, there cannot be a clause similar to the one objected to by the petitioner. According to the Division Bench, it is for the authorities to consider the facts of each case and take a decision as to whether such a clause having the effect of prohibiting the use of pump and motor is required to be incorporated. 3. In this case, learned counsel for the petitioner submits that the petitioner will be satisfied that if a motor having a capacity of 2 W.P.(C) No. 3313 OF 2008 -2- HP is permitted to be operated for washing the ordinary sand. 4. The learned Govt. Pleader also was heard and the respondents do not have objection in the petitioner using a motor having a restricted capacity of 2 HP., for washing the ordinary sand. Taking into account the submissions made by both sides, I dispose of this writ petition modifying clause 17 of Ext. P1 to the effect that the petitioner will be permitted to use a motor having a capacity of 2 HP. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-