IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 22631 of 2008(T) -------------------------------------- PETITIONER: ------------------- P.PREMAN, PERUMBALATH HOUSE, THALAKALATHUR P.O.,THALAKULATHUR AMSOM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.K.K.JAYARAJ NAMBIAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 3. THE SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL STATION, KOZHIKODE. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22631/2008-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PERMIT ISSUED BY THE R.3. TO THE PETITIONER DTD. 23/05/2008. EXT.P.2: COPY OF THE RELEVANT PORTION OF NOTIFICATION PUBLISHED IN THE GAZETTE DTD. 12TH MARCH 2008. RESPONDENTS' EXHIBITS: EXT.R3.A: SPECIMEN COPY OF FORM A. EXT.R3.B: COPY OF THE G.O. (P).NO.2/2008/ID DTD. 02/01/2008. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.22631 of 2008 ------------------------- Dated this the 3rd day of November, 2008. JUDGMENT The petitioner, who applied for and obtained a permit for excavation of laterite stones as per Ext.P1, later approached the 3rd respondent for obtaining a Form-A for the purpose of enabling him to make an application for quarrying permit under Rule 5 of the Miner Mineral Concession Rules. But, this was not granted. Hence the writ petition. 2. A counter affidavit has been filed. It is stated in paragraph 7 as follows: “The Kerala Miner Mineral Concession 2nd Amendment Rules, 2007 had not made any deletion from the Rule 5. So the petitioner is entitled to make application in Form A as stipulated in the Rule 5, of Kerala Miner Mineral Concession Rules, 1967.” In the circumstances, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on any application filed by the petitioner for W.P.(C).NO.22631/08 :: 2 :: obtaining a Form-A for the purpose of enabling him to make an application for quarrying permit under Rule 5 of the Miner Mineral Concession Rules, provided an application in that behalf is filed before the 3rd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy//