IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 19908 of 2009(G) ----------------------------------- PETITIONER(S): ------------------------- 1. V.G.PRADEEP, S/O. GOPALAKRISHNAN NAIR, PRADEEP NIVAS, SAJIVOTHAMAPURAM, CHANGANASSERRY, DIST, KOTTAYAM. 2. SADANANDAN,S/O.MADHAVAN, OTTAKANDATHIL, UDAYANAPURAM P.O., VAIKOM, DIST.KOTTAYAM. 3. CHANDRAHASAN, S/O. MADHAVAN, KARAPPADY PUTHENPURA, N.E.WARD, UDAYANAPURAM, VAIKOM, DIST.KOTTAYAM. 4. JAGAJITH, S/O.VELAYUDHAN, BALABHAVANAM, UDAYANAPURAM, VAIKOM, DIST.KOTTAYAM. BY ADVS.MR.K.REGHU KOTTAPPURAM MR.K.R.PRAVEEN MR.URSULA FRANCIS RESPONDENT(S): ------------------------- 1. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT,KOTTAYAM. 3. THE TAHASILDAR, VAIKOM TALUK, VAIKOM, DIST.KOTTAYAM. 4. STATE OF KERALA REPRESENTED BY THE CHIEF SERETARY TO GOVT, THIRUVANANTHAPURAM. W.P.(C) NO.19908/2009 *ADDL. R5 IMPLEADED 5. GOPINATHA PILLAI, AGED 65 , S/O. NARAYANA PILLAI, RESIDING AT VALIYATHOTTATHIL HOUSE, KOTTANGAL P.O., CHUNKAPARA, PATHANAMTHITTA DISTRICT. * ADDL.5TH RESPONDENT IS IMPLEADED AS PER ORDER DTD.27.08.2009 IN IA. NO.10860/2009. R1 TO R4 BY GOVERNMENT PLEADER R5 BY ADV. MR.BABU CHERUKARA MR.ANZAR BASHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2010, ALONG WITH WPC NO. 28115 OF 2009 WPC NO. 21943 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19908/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PERMIT VIDE NO.809/08-09/OS/QP/3327/DOY /ML/08 DTD. 20.12.08 ISSUED TO IST PETITIONER. P2:- COPY OF THE JUDGMENT DTD. 19.2.09 IN WPC. 5460/09. P3:- COPY OF THE LETTER DTD. 6.7.09. P4:- COPY OF THE APPLICATION DTD. 6.7.0 FILED BY THE IST PETITIONER. P5:- COPY OF THE LETTER NO. E10-32390/09 DTD. 7.7.09. P6:- COPY OF THE GAZETTE NOTIFICATION NO.4327/A3/09/ID DTD. 12.3.09. ANNEXURE R4(a):- COPY OF THE NOTIFICATION UNDER RULE 3(IV) OF THE RULES PUBLISHED IN THE EXTRA ORDINARY GAZETTE DTD. 4.7.95. P7:- COPY OF THE ORDER DTD. 30.7.09 IN WPC. 19908/09. P8:- COPY OF THE AFFIDAVIT DTD. 25.8.09. P9:- COPY OF THE APPLICATION DTD. 28.8.09. TRUE COPY P.S. TO JUDGE tss S. SIRI JAGAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) Nos. 19908, 28115 & 21943 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of January, 2010 JUDGMENT Petitioners are aspirants for permits to mine sand under the Kerala Minor Mineral Concession Rules, 1967. According to them, they encountered a difficulty in getting the permit, in the form of a new rule framed by the Government by way of an amendment to the Kerala Minor Mineral Concession (Amendment) Rules, 2009. That Rule prescribes that every application for grant/renewal of quarrying permit in respect of minor mineral mentioned in item 2 of Schedule I appended to the Rules for any type of land should be accompanied by a “No Objection Certificate” from the District Collector concerned. According to the petitioners, Mines and Minerals (Development & Regulation) W.P.(C) No. 19908/09 & con. cases 2 Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 do not contemplate any power on the District Collector in respect of grant of permit for mining of sand. Therefore, the amended rule will have the effect of conferring a power, which is not vested with the District Collector under law is their contention. 2. The question of the powers of the District Collector under the Kerala Minor Mineral Concession Rules, 1967 has been considered by me in the decision of Gokuldas V. Geologist (2009 (3 KLT 924) in which I have held that even if such powers are not conferred on the District Collector by the Rules, such powers should be read into the Rules invoking Article 21 of the Constitution of India, in so far as it is the bounden duty of the Government to preserve the natural resources for posterity, preventing over-exploitation of the same. That judgment is squarely applicable to this writ petition. 3. Therefore, following that judgment, these writ petitions are dismissed. However, I make it clear that all W.P.(C) No. 19908/09 & con. cases 3 other directions in that judgment to safeguard the interests of all shall be applicable to these cases also. S. SIRI JAGAN, JUDGE. mn.