IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11557 of 2008(A) -------------------------- PETITIONER: ------------ M.S.BIJU, MULLAMMADAKKAL, MARANGOLI, NJEEZHUR P.O., KOTTAYAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- 1. THE GEOLOGIST, MINING AND GEOLOGIST DISTRICT OFFICE, COLLECTORATE P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, VELLOOR, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 11557 of 2008 ------------------------------------- Dated: APRIL 4, 2008 JUDGMENT The objection of the petitioner is against clause 17 of Ext.P1 which is a condition incorporated following the judgment of this court in WP(C) 1694/2004. The effect of the clause is that the petitioner will not be permitted to instal a pump and motor. 2. A Division Bench of this court in WP(C) 29713/2006 has taken the view that a clause similar to clause 17 in Ext.P1 is not one of a universal requirement, but, however, each case will have to be appreciated on the facts of that case and, if necessary, suitable clauses can be incorporated. 3. The learned Government Pleader submits that they have no objection if the petitioner instals a 2 HP pump and motor and the learned counsel for the petitioner submits that he will be satisfied with that. Therefore directing that the respondents will permit the petitioner to instal a 2 HP pump and motor, this writ petition is disposed of. ANTONY DOMINIC, JUDGE WP(C) Page numbers mt/-