IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 15738 of 2008(W) -------------------------- PETITIONER: ---------------- ABILASH, S/O. AUGUSTINE, AGED 37 YEARS, VAZHEKKUDIYIL (H),MULLARINGADU KARA VANNAPPURAM VILLAGE, THODUPUZHA. BY ADV. SRI.C.P.SAJI RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 3. THE TAHSILDAR, TALUK OFFICER, MUVATTUPUZHA. 4. GEOLOGIST, MINING AND GEOLOGY REGIONAL OFFICE, KAKKANADU. 5. SAJU VARGHESE, KUZHIKANDATHIL HOUSE, ENANALLOOR VILLAGE. BY ADV. SRI.JOSHI N.THOMAS FOR R5 SRI. M.R. BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15738 of 2008 EXT.P1: COPY OF NO OBJECTION CERTIFICATE DTD 28.9.2007 ISSUED BY R3 TO THE PETITIONER. EXT.P2: COPY OF SKETCH PREPARED BY R3 THROUGH VILLAGE OFFICER. EXT.P3: COPY OF THE CHELLAN DTD 9.10.2007 SHOWING THE REMITTANCE OF THE FEE FOR ISSUING QUARRYING SANCTION. EXT.P4: COPY OF THE TEMPORARY PERMIT DTD. 6.5.2008 ISSUED BY R3 TO R5. EXT.P5: COPY OF APPEAL DTD 8.5.2008 SUBMITTED BY THE PETITIONER BEFORE R2. EXT.P6: COPY OF THE APPEAL DTD 20.6.2008 FILED BEFORE R1. 5TH RESPONDENT'S EXHIBITS EXT.R5(1): COPY OF REPORT OF THE VILLAGE OFFICER, MANJALLOOR DTD 4.10.2007 SUBMITTED TO R3. EXT.R5(2): COPY OF THE AGREEMENT DTD 2.10.2007 SHRI. SABU AND SMT. DEEPA BETWEEN R5. EXT.R5(3): COPY OF CONSENT LETTTER DTD. 2.10.2007 GIVEN BY SHRI. SABU AND HIS WIFE DEEPA TO R5. EXT.R5(4): COPY OF THE SHORT FIXER PERMIT DTD 1.5.2002 GIVEN TO SHRI. K.K. BINOY KUMAR BY THE JT. CHIEF CONTROLLER OF EXPLOSIVES CHANNAI – 6. EXT.R5(5): COPY OF THE CONSENT LETTER GIVEN BY SHRI. K.K. BINOY KUMAR TO R5. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.15738 OF 2008 ---------------------------------------- Dated this the 7th day of July, 2008 JUDGMENT The petitioner and the 5 th respondent vies with each other for lease of a property and sanction for quarrying therein. Ext.P4 order has been passed by the 3 rd respondent in the matter which is under challenge in this writ petition. Against Ext.P4 order, an appeal lies to the District Collector of the concerned District. Therefore, I am inclined to relegate the petitioner to that appellate remedy. The petitioner has now produced Ext.P6 appeal stated to have been filed by him. In the above circumstances, the writ petition is disposed of with the following directions. The District Collector, Ernakulam shall consider and pass orders on Ext.P6 appeal filed by the petitioner under Kerala Minor Mineral Concession Rules 1967, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the 5 th respondent. S. SIRI JAGAN, JUDGE Acd