IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 18870 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. M.G.ACHUTHAN, S/O.LATE GOVINDAN KUTTY NAIR, AGED 62 YEARS, "GOPINIKETHAN", MEVALLORE P.O., KOTTAYAM DISTRICT. 2. THOMSON JOSE, AGED 48 YEARS, S/O.P.J.JOSEPH, PURAPPANTHANATH HOUSE, MEVALLOOR P.O., KOTTAYAM DISTRICT. 3. EMMANUEL.M.D., AGED 67 YEARS, S/O.M.O.DEVASSIA, PALATHINGAL HOUSE, MEVALLOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.P.M.NATESAN RESPONDENT(S): --------------- 1. THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, TRIVANDRUM. 2. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOTTAYAM. 3. THE DISTRICT COLLECTOR, KOTTAYAM. 4. VIJAYALAKSHMI, W/O.GOPAKUMARAN NAIR, KRISHNANIVAS, MEVALLOOR P.O., KOTTAYAM DISTRICT. 5. VARKEY VARKEY, THEYATH HOUSE, MEVALLOOR P.O., KOTTAYAM DISTRICT. 6. GOPAKUMARAN NAIR.M.P., S/O.PARAMESWARAN NAIR, KRISHNANIVAS, MEVALLOOR P.O., KOTTAYAM DISTRICT. 7. T.V.BABY, S/O.VARGHESE, THEYATH HOUSE, MEVALLOOR P.O., KOTTAYAM DISTRICT. 8. AJIKUMAR, S/O.NARAYANAN, THEKKENEZHATH HOUSE, MEVALLOOR P.O., KOTTAYAM DISTRICT. 9. GOPALAKRISHNAN NAIR, S/O.KRISHNAN PILLAI, PUDUVAMEDATHIL, THOTTOOR DESOM, KAIPATHUR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 10. THE REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.18870 of 2009 -------------------------- Dated this the 13th July,2009 J U D G M E N T Petitioners are aggrieved by the action on the part of the respondents 6 to 9, stated to own an extent of 55 cents in Sy.No.594/4 subjecting the same to sand mining. According to the petitioners, if such mining is undertaken a road which is situated adjacent to the property will cease to exist and since the said road constitutes access to the petitioners' property, they have filed Exhibit-P4 before the Geologist and the Collector urging that such permission should not be granted. 2. Having heard the learned Government Pleader also, the writ petition is disposed of directing the 2nd respondent to issue notice to the petitioners and hear them also before a decision is taken on any application preferred by respondents 6 to 9 for conducting mining from the property mentioned above and mentioned in Exhibit-P4. W.P ( C) No.18870 of 2009 2 Learned Government Pleader submits that the 5th respondent has already obtained a permit. It is open to the petitioners to challenge the same in appropriate Forum. But it is made clear that nevertheless the conditions under which such permission has been issued, shall be enforced scrupulously by the official respondents. (V.GIRI,JUDGE) ma W.P ( C) No.18870 of 2009 3 W.P ( C) No.18870 of 2009 4