IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 2332 of 2010(N) ------------------------- PETITIONER: --------------- K.O.DAVIS, AGED 46 YEARS, S/O.OUSEPH, KARIPPAYI HOUSE, KUTTIKKAD, THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT: --------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR 2. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THRISSUR BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.2332 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T In this Writ Petition, the petitioner is seeking for a direction commanding the first respondent to consider and pass orders on Exhibit P8 application within a time frame. Exhibit P8 is an application submitted by the petitioner before the Revenue Divisional Officer under the Kerala Minor Mineral Concession Rules seeking for permission for removing ordinary earth from his property. The petitioner is the owner in possession of a total extent of 5 acres 54 cents of land in Sy.No.1002 and 1003 of Pariyaram Village. The residential house of the petitioner is also situated in the above said land. 2. Heard the learned Government Pleader appearing for the respondents. The learned Government Pleader has filed a statement, after getting instructions from the Government. 3. It is pointed out in the statement that as per Exhibit P5, Rule 57 (1)(a) of the Kerala Minor Mineral Concession Rules has been amended with effect from 18.3.2009. After the W.P.(C)No.2332/10 -2- amendment of the Rules, the present position is that the in case of levelling the ground for construction of residential building, creation of play ground for public purpose, construction of canals, wells, roads or for agricultural and such other purposes where extraction of minor mineral is inevitable, the State Government may grant special permit on terms and conditions. An application can be filed by the interested parties along with a sworn affidavit in this regard in stamp paper worth Rs.50/-. They will be exempted from obtaining quarrying permit or quarrying lease and payment of royalty for removing of minor minerals. Therefore it is pointed out that the application of the petitioner can be considered only by the Government. 4. The learned counsel for the petitioner relies upon the observation made in Exhibit P7 judgment in W.A.No.2734/09 wherein a direction was issued to the Revenue Divisional Officer to consider of his application. The learned Government Pleader points out that actually by mistake it was pointed out before the Division Bench that the Revenue Divisional Officer is authorised to deal with the application. Since the Rules itself contains the W.P.(C)No.2332/10 -3- above position, it is upto the Government to take appropriate decision in the matter. Therefore, the petitioner will have to file a proper application before the Government and if such an application is filed along with a copy of Exhibit P8 and this judgment within a period of three weeks, the same will be considered and appropriate orders will be passed by the Government within a further period of three months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn