IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 16291 of 2011(J) -------------------------- PETITIONER: --------------- C.G.ANTO, S/O. GEORGE, CHEKKUMPADI HOUSE, CHITTISSERY POST, THRISSUR. BY ADV. MR. P.B.KRISHNAN SMT.GEETHA P.MENON MR. P.B.SUBRAMANYAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF MINING & GEOLOGY, THIRUVANANTHAPURAM.-691001 2. SENIOR GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING & GEOLOGY, MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR-680020. 3. THE DISTRICT COLLECTOR, THRISSUR.-680001 4. BENNY, S/O. YOHANNAN, THORAPURAM, PATTIKAD, THRISSUR.-PIN.680652 5. RAJAN, S/O. VASU, KADAVATH HOUSE, PANANCHERY, THRISSUR.-680001 GOVERNMENT PLEADER MR.P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, ALONG WITH WPC NO. 16638 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16291 of 2011(J) APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- P1: DT. NIL, TRUE COPY OF THE CERTIFICATE NO.35/11 ISSUED BY THE VILLAGE OFFICER, PEECHI, P2: DT.1.1.11, TRUE COPY OF THE CERTICATE NO.13/11 ISSUED BY THE VILLAGE OFFICER, PEECHI. P3: DT.30.4.11, TRUE COPY OF THE COMMUNICATION NO.3929/C2/TDO/11 ISSUED BY THE MINING & GEOLOGY DISTRICT OFFICE. P4: DT.28.4.11, TRUE COPY OF THE CERTIFICATE ISSUED BY THE PANANCHERY GRAMA PANCHAYAT. P5: DT.9.5.11, TRUE COPY OF THE LETTER NO.3979/C2/TDO/11 FROM SENIOR GEOLOGIST WITH LETTER DT. 9.5.11 OF PRINCIPAL AGR. OFFICE TRISSUR P6: DT.17.5.11, TRUE COPY OF THE CERTIFICATE NO.B3-22101/11 ISSUED BY THE DISTRICT COLLECTOR. P7: DT. 18.5.11, TRUE COPY OF THE BANK GUARANTEE NO. 3/11. P8: DT.19.5.11, TRUE COPY OF THE PERMIT NO.9/11-12/MM/QP/B/72/C2/TDP/11 ISSUED BY THE SNIOR GEOLOGIST. P9: DT.17.5.11, TRUE COPY OF THE COMMUNICATION NO.B3/2210/11. P10: DT.19.5.11, TRUE COPY OF THE CHALAN. P11: DT.19.5.11, TRUE COPY OF THE CASH MEMO IN FORM P ISSUED BY THE MINING DEPARTMENT. P12: DT. 22.5.11, TRUE COPY OF THE ORDER NO. B3-22101/11 OF THE DISTRICT COLLECTOR. RESPPONDENT'S EXHIBITS : NIL RKC //TRUE COPY// PA TO JUDGE P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) Nos.16291 OF 2011 AND 16638 OF 2011 -------------------------------------------------- Dated this the 28th day of June 2011 JUDGMENT The grievance of the petitioner in both these cases appears to be rather similar and hence, they are dealt with together. 2. The learned counsel appearing for the petitioners submits that, the petitioners, as law abiding citizens, had applied for all the requisite licenses to conduct 'clay mining' in the property in question and after satisfying the credentials, the 3rd respondent/District Collector issued the necessary NOC. Pursuant to further steps, the 2nd respondent Geologist considered the matter and issued the permits as well (Permit No.9/11-12/MM/QP/B/72/C2/TDO/11 dated 19-05-2011 and Permit No.2/11-12/MM/QP/BC/106/C2/TDO/11 respectively). The learned counsel submits that, no mining activity could be pursued by the petitioners despite obtaining the above permits, as there was some protest from the local inhabitants, based on which, the 3rd respondent withdrew the NOC as per Ext.P12 and Ext.P13 respectively, directing the Geologist to take further steps for cancellation of the permits, if any, issued based on the NOC W.P.(C) Nos.16291/2011 and 16638/2011 2 already given, which made the petitioners to approach this Court challenging the impugned proceedings 3. In W.P.(C) No.16638/2011, based on Ext.P13 order issued by the District Collector cancelling the NOC, the permit already issued by the 2nd respondent Geologist was cancelled as per Ext.P14. The learned senior Government Pleader appearing for the respondents submits that pursuant to Ext.P12 order in W.P.(C) 16291/2011, Ext.P8 permit granted by the 2nd respondent was also cancelled, as in the other case on 25-05-2011. Mr.K.Jayakumar, the learned senior counsel appearing for the petitioners submits that, the impugned orders, particularly the orders passed by the District Collector have been passed without any regard to the principles of natural justice, in so far as no opportunity of hearing was given to the petitioner before cancelling the NOC issued earlier. 4. On going through the materials on record, this Court finds that, there is considerable force in the said submission, in so far as no notice, if any, is stated as issued to the petitioner, nor is referred to in the impugned orders. This being the position, this Court finds that the matter requires to be reconsidered by the 3rd W.P.(C) Nos.16291/2011 and 16638/2011 3 respondent/District Collector, after giving an opportunity of hearing to the petitioners. Accordingly, Exts.P12/ P13 orders passed by the 3rd respondent in the two cases and the consequential proceedings are set aside. The 3rd respondent is directed to consider the matter afresh, after giving a notice of hearing to the petitioners and finalise the proceedings in accordance with law, as expeditiously as possible, at any rate within 'four weeks' from the date of production of a copy of this judgment. 5. In view of the statement already made by the learned counsel for the petitioners, that the mining activity is still to be commenced by the petitioners, 'status quo' as on date shall continue till finalisation of the proceedings as above. Both the Writ Petitions are disposed of accordingly. vdv P.R.RAMACHANDRA MENON, JUDGE