IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 29425 of 2011(C) ---------------------------------------- PETITIONER(S): -------------------------- P.V.MATHEW, AGED 60 YEARS, S/O VARKEY, PULINILKUMTHADATHIL HOUSE, CRESCENT NAGAR, S.R.M.ROAD, KOCHI-682 018. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM-PIN-686 001. 3. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, COLLECTORATE (PO), KOTTAYAM-PIN-686 001. R1 TO R3 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.29425/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A TRUE COPY OF THE THANDAPER EXTRACT ISSUED BY THE VILLAGE OFFICER, VADAKKEMURI DTD. 12.09.2011. EXT.P2 A TRUE COPY OF THE RECEIPT OF THE BASIC LAND TAX PAID BY HTE PETITIONER, DTD. 28.06.2010. EXT.P3 A TRUE COPY OF ONE SUCH PERMIT DTD. 08.11.2006 ISSUED BY THE THIRD RESPONDENT TO ONE MR. RIJU K JAMAL IN THE PROPERTY COVERED VIDE EXHIBIT P1. EXT.P4 A TRUE COPY OF THE SKETCH AND PLAN ISSUED BY THE VILLAGE OFFICER, VADAKKEMURI OF THE PETITIONER'S PROPERTY. EXT.P5 A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE PARTNER OF THE PETITIONER TO THE PETITIONER DTD. 14.07.2011 EXT.P6 A TRUE COPY OF THE ORDER DTD. 10.10.2011 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P7 A TRUE COPY OF THE NOTIFICATION NO. 4327/A3/09/ID DATED 12.03.2009 AMENDING RULE 5 OF THE KERALA MINOR MINERAL CONCESSION RULES, 1967. EXT.P8 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD. 06.08.2011 FOR GRANTING NOC TO THE PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29425 of 2011 C ``````````````````````````````````````````````````````````` Dated this the 24th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Among the various prayers sought for, the only prayer that is pressed before me is prayer No.4, which reads as under:- “Issue a writ of mandamus directing the second respondent to permit the petitioner to mine ordinary sand from the existing pit in his property covered vide Ext.P1 upon obtaining bank guarantee for filling up the existing mine pit after removing the remaining ordinary sand available in the mine pit.” 2. Petitioner and his partner purchased 1.31.30 Hectres of land comprised in various survey numbers of Vadakkemuri village of Vaikom Taluk. There was a mine pit in the property which was excavated only partially. This, W.P.(C) No.29425/2011 : 2 : according to the petitioner, was on the strength of Ext.P3 permit. On purchasing the property, petitioner made an application for a fresh mining permit to mine the remaining ordinary sand from the pit in question. Thereupon, he was required to obtain a No Objection Certificate from the second respondent, in terms of Ext.P7 amendment brought out to the Kerala Minor Mineral Concession Rules, 1967. Petitioner filed Ext.P8 application before the second respondent and thereupon, according to the petitioner, he was directed to fill up the existing mine pit and make a fresh application for NOC. It is in these circumstances, the writ petition has been filed. 3. As already seen, grievance of the petitioner is that he has been asked to fill up the mine pit, from which itself he proposes to quarry ordinary sand. Therefore, according to the petitioner, it will be a futile exercise to fill up the pit at this stage. 4. I heard learned Government Pleader, who has obtained instructions in the matter. Although the learned W.P.(C) No.29425/2011 : 3 : Government Pleader submitted that in terms of the amendment to the Rules, the mine pits are required to be filled up and that NOC should be obtained from the second respondent, in Ext.P6 report of the Geologist, it is stated that the mine pit in question is only partially mined and according to the petitioner, what is proposed to be done is to mine in the same mine pit. 5. In such circumstances, I am satisfied that if the petitioner is asked to fill up the mine pit at this stage, it will be only a futile exercise and that, therefore, there is no justification in asking him to fill up the pit as a condition for consideration of the application for NOC. Therefore, I direct that the application made by the petitioner for NOC will be considered by the second respondent without insisting on the petitioner to fill up the mine pit in question and orders thereon will be passed, without delay. It is clarified that if licence is granted, it will be open to the authorities to impose such conditions as are warranted in law. W.P.(C) No.29425/2011 : 4 : 6. Needless to say that it will be open to the second respondent to call for any other report or material from the Geologist for considering the application. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/24/11 // True Copy // P.A. To Judge