IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31502 of 2009(G) -------------------------- PETITIONER(S): --------------- P.SIVASANKARAN, MOORTHUVILA VEEDU, KOLANNOOR POST, EZHUKONE, KOLLAM. BY ADV. SRI.S.M.ALTHAF SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. DEPUTY COLLECTOR (LR), KOLLAM. 3. THAHASILDAR, KOTTARAKKARA TALUK OFFICE. 4. SRI.DANAPALAN, VAZHOTTU VEEDU, PADINJATTINKARA MURI, VELIYAM VILLAGE. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31502 OF 2009 -------------------------- Dated this the 5th day of November, 2009 J U D G M E N T Heard Sri. Unni K.K, the learned counsel for the petitioner and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The Tahsildar, Kottarakkara, had issued Ext.P2 quarrying permit to the petitioner that was valid up to 30.9.2008. After the validity of the permit expired, the petitioner submitted Ext.P6 application for a fresh permit. When orders were not passed thereon, he filed W.P.(C) No.10972 of 2009 in this Court. By Ext.P7 judgment delivered on 18.6.2009, this Court disposed of the writ petition with a direction to the competent authority to take decision on Ext.P6 application after notice to the petitioner and the fourth respondent. The Tahsildar, before whom Ext.P6 application was pending, thereupon forwarded it to the District Collector, Kollam, along with Ext.P8 letter dated 10.9.2009. Thereafter Ext.P9 letter dated 5.10.2009 was issued by the District Collector informing the petitioner that his request for issuing a permit cannot be granted. Ex.P9 letter is under challenge in this writ petition wherein the W.P.(C) No. 31502/09 2 petitioner seeks a writ in the nature of mandamus commanding the official respondents to grant a quarrying permit to him. 3. Rule 49 of the Kerala Miner and Mineral Concession Rules, 1969, confers on the petitioner the right to file an appeal before the appellate authority appointed by the State Government. The period of limitation prescribed for filing an appeal is two months from the date of communication of the order. In the instant case, the petitioner’s application for quarrying permit was rejected on 5.10.2009. The period of two months prescribed in Rule 49 for filing an appeal has not expired. Therefore, as the petitioner has an effective and meaningful alternate remedy by way of appeal, I am of the opinion that he should pursue the said remedy instead of seeking the intervention of this Court at this stage. I accordingly dismiss this writ petition leaving open the petitioner’s contentions and reserving liberty with him to file an appeal under Rule 49 of the Kerala Miner and Mineral Concession Rules, 1969, before the competent appellate authority. P.N.RAVINDRAN, JUDGE vps