IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 36014 of 2008(K) -------------------------- PETITIONER(S): --------------- P.R.SANDEEP, AGED 27 YEARS, S/O.RAJAN, PUTHIYEDOM HOUSE, RAYAMANGALAM P.O., ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION, KAKKANAD P.O., ERNAKULAM DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD P.O., ERNAKULAM DISTRICT. BY GOVT. PLEADER SM.T M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENIDX Ext.P1. True copy of the agreement entered into between the petitioner and Mr. Kuriakose. Ext.P2. True copy of the partition deed executed between the legal heirs of Skaria. Ext.P3. True copy of the sketch and plan and possession certificate issued by the Village Officer, Valakom dated 22.1.2008. Ext.P4. True copy of the order dated 2.12.2008 issued by the Ist respondent to the petitioner. Ext.P5. True copy of the judgment dated 15.12.2004 in WP(c).No.35260/04 of this Hon'ble court. // true copy // P.A to Judge. ANTONY DOMINIC,J. ----------------------- W.P.(C).No.36014 OF 2008 ------------------------ Dated this the 6th day of January, 2009. JUDGMENT Petitioner is aggrieved by Ext.P4. Petitioner applied for permit for clay mining. On receipt of the said application, the respondent issued Ext.P4 calling upon the petitioner to produce NOC from the Panchayat, within whose jurisdiction the area is situated. The said direction has been issued based on the proceedings of the District Collector dated 24.1.2005. Going by Ext.P4, the said proceedings pertained only to brick manufacturing units and therefore it is contended that Ext.P4 is illegal. 2. As already noticed, a reading of Ext.P4 shows that the proceedings of the District Collector requires NOC for the brick manufacturing unit. Admittedly, the application made by the petitioner is for clay mining. If the NOC is required only for brick manufacturing, the same cannot be WP(c).No.36014/08 /2/ insisted, so long as the application made by the petitioner is only for the purpose of clay mining. Therefore, I quash Ext.P4 and direct the Geologist to consider the application dated 28.11.2008 made by the petitioner. It is made clear that, this judgment is rendered accepting the plea of the petitioner that the proceedings of the District Collector is applicable only for brick manufacturing and not for clay mining. On the other hand if the proceedings of the District Collector is applicable to the clay ming as well, it will be open to the Geologist to pass orders that he deems fit, applying the same. Orders shall be passed as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.36014/08 /2/