IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 29106 of 2010(K) -------------------------- PETITIONER(S): ------------------- MITHRAVIDYALAYA EDUCATIONAL & CHARITABLE SOCIETY, PATHARAM.P.O., KOLLAM, NO.Q 468/2000, REPRESENTED BY ITS SECRETARY, SASEENDRAN. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, KOLLAM-691 001. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM-691 001. 4. THE TAHZILDAR, KUNNATHOOR, KOLLAM DISTRICT-690 520. 5. THE GEOLOGIST, DISTRICT GEOLOGY OFFICE, KOLLAM-691 001. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29106 OF 2010 (K) ===================== Dated this the 22nd day of September, 2010 J U D G M E N T Petitioner's grievance is that they had applied for permit for levelling the school compound for further construction and the Geologist did not issue permit as sought for. It is stated that on receipt of the application, the Revenue Divisional Officer called for a report from the Tahsildar and that the Tahsildar submitted Ext.P3 report. Petitioner also submits that based on Ext.P3, the Revenue Divisional Officer issued Ext.P4 communication to the Geologist directing the issuance of permit as sought for by the petitioner subject to the conditions mentioned in Ext.P4. It is stated that thereafter petitioner submitted Ext.P5 requesting for waiver of royalty. Petitioner also refers to Ext.P6 and contends that royalty is not payable. 2. Irrespective of the contentions now raised, as at present, fact remains that Geologist has not passed orders on the application made by the petitioner duly adverting to Ext.P4 communication issued by the Revenue Divisional Officer and Ext.P6, the Government Order dated 5/4/2010. In that view of the WPC No. 29106/10 :2 : matter, at this stage, what is required to be ordered is that the Geologist should pass orders on the application. Therefore, the writ petition is disposed of directing the 5th respondent to pass orders on the application made by the petitioner for removal of red earth in the light of Ext.P4 communication issued by the Revenue Divisional Officer and Ext.P6 Government Order dated 5/4/2010. Orders as above, shall be passed at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE Rp