IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 37634 of 2010(D) -------------------------- PETITIONER(S): --------------- PRASAD, S/O.KESAVAN, THAZATHETHIL MUDAMUKKA,SHORANUR,PALAKKAD DISTRICT BY ADV. SRI.SANTHEEP ANKARATH SMT.M.SINDHU THANKAM RESPONDENT(S): --------------- THE TAHSILDAR, OTTAPALAM TALUK, OTTAPALAM - 679101 GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 37634 of 2010 D ``````````````````````````````````````````````````````` Dated this the 3rd day of January, 2011 J U D G M E N T According to the petitioner, for obtaining a mining lease, he intends to make an application to the Mining and Geology Department. It is stated that, as per Ext.P1 circular issued by the Director of Mining and Geology, an applicant is required to submit documents of title in respect of the property in relation to which application is submitted, attested by officers of the Revenue Department mentioned in Ext.P1. Case of the petitioner is that, along with Ext.P2 application, he submitted his title deeds for attestation to the respondent and that the respondent has, however, refused to attest the documents. It is complaining of the above, this writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter. According to him, although the respondent had received Ext.P2 application and the W.P.(C) No.37634/2010 : 2 : documents enclosed thereto for attestation, the petitioner's request was not considered for the reason that in Ext.P2 the purpose of attestation was not disclosed. It is also submitted that, at that time, the respondent had not obtained any clarification from his superiors as to whether the documents submitted could be attested. 3. In view of Ext.P1 circular issued by the Director of Mining and Geology, it is mandatory that documents of title, in relation to which mining lease is to be obtained, are to be attested by the officers of the Revenue Department. Therefore, petitioner cannot apply for licence unless attestation is done by the officers of the Revenue Department. 4. In such circumstances, if the petitioner makes a proper application, disclosing the purpose for which attestation is sought and also enclosing a copy of Ext.P1 circular, necessarily, the respondent is bound to consider the same and pass orders thereon in accordance with law. Therefore, clarifying that it will be open to the petitioner to W.P.(C) No.37634/2010 : 3 : make a fresh application, enclosing Ext.P1 and also disclosing the purpose of attestation, the respondent shall pass orders in accordance with law, without any delay in the matter, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) aks