IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 Con.Case(C).No. 47 of 2011(S) ------------------------------------------- [THE JUDGEMENT IN W.P.(C).NO.37585/2010 DATED 20/12/2010] .................... PETITIONER/PETITIONER: -------------------------------------- SURESH K, S/O.KUMARAN, AGED 42 YEARS, KANDAMPULLY HOUSE, PIDAVANNUR P.O., MOOKUTHALA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENT/2ND RESPONDENT: -------------------------------------------------- MANOJ, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD, PIN - 678 001. BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` Contempt Case(C) No. 47 of 2011 ``````````````````````````````````````````````````````` Dated this the 2nd day of February, 2011 J U D G M E N T Petitioner approached this Court and obtained Annexure-B judgment, which clarified that ordinary earth being a minor mineral, it will be open to the petitioner to make application for mining permit. When he made an application, he was issued Annexure-C, stating that in view of the Government Order dated 05-04-2010, for mining ordinary earth, it is not necessary to secure a permit from the Geology Department. It is thereupon that this Contempt case has been filed. 2. Petitioner reiterates that he is a brick manufacturer utilising ordinary earth. Irrespective of the purpose of the petitioner to use the material, if what he mines is ordinary earth, in view of what is stated in Annexure-C, he need not apply for permission. COC No.47/2011 : 2 : Therefore, in view of the clarification in Annexure-C, I close this Contempt Case. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge