IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WA.No. 1222 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11976/2007 Dated 09/04/2007 .................... APPELLANT(S): APPELLANT/AGGRIEVED THIRD PARTY. ---------------------------------------------- E.BADARUDEN, AGED 33 YEARS, S/O. IBRAHIM SAFEENA MANZIL, SASTHAVATTOM P.O., AZHOOR VILLAGE, CHIRAYINKEEZHU TALUK, TRIVANDRUM. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1. M/S. SHAMS CLAYS, SHUKOOR MANZIL, CHILAMBIL, SASTHAVATTOM P.O., TRIVANDRUM. (WRIT PETITIONER) REP. BY ITS MANAGIGN PARTNER. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO INDUSTRIES (A) DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM (R1) 3. THE DIRECTOR, MINING & GEOLOGY, (R2),MINING & GEOLOGYDIRECTORATE KESAVADASAPURAM, PATTOM, TRIVANDRUM. 4. THE GEOLOGYST, DISTRICT OFFICE, (R3), TRIVANDRUM. 5. THE DISTRICT COLLECTOR (R4), TRIVANDRUM. 6. THE TAHSILDAR, (R5), CHIRAYINKEEZHU TALUK, CHIRAYINKEEZHU, TRIVANDRUM. ADV. SRI.V.CHITAMBARESH FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 R2 TO R6 BY G.P. SRI. P.K. BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.A. No. 1222 OF 2007 -------------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT Ramachandran Nair, J. The allegation of the appellant is that first respondent is carrying on mining activities to mine clay without complying with the conditions contained in Ext.P3 licence. The main allegation is that mining pits formed which cause danger to the public life are not closed before opening fresh mines. Counsel appearing for the first respondent submitted that first respondent is complying with the conditions of mining and pits are properly filled up. This is a factual controversy on which appellant is free to file complaint before the licensing authority. Leaving this freedom to the appellant, we close the W.A. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 2