IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 5409 of 2011(A) ------------------------- PETITIONER: --------------- PROJECT MANAGER, M.V.SREEKUMAR, M/S. KMC CONSTRUCTIONS LIMITED, RIVER VIEW BUILDING, SOUTH CHALAKUDY, THRISSUR DISTRICT. BY ADV. MR. V.M.KRISHNAKUMAR MS. P.R.REENA RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT DISTRICT OFFICER, THRISSUR-680003. 3. UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI-110075. 4. NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY PROJECT DIRECTOR, NO.8/1187, ARUMUGHAN COLONY, CHANDRANAGAR, PALAKKAD-678007. BY GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 5409 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of February, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : I. call for records leading to Exts. P7, P9 and P10 and issue a writ in nature of certiorari quashing Exts. P7, P9 and P10. II. issue such other orders, writs or directions as are deemed fit by this Hon'ble Court; III. award cost of this proceeding to the petitioner. 2. The learned Government Pleader appearing for the respondents submits that, the impugned order i.e. Ext. P10 is very much appealable before the Secretary to the Government, by virtue of the provisions under Rule 49 (1) (b) of the Kerala Minor Mineral Concession Rules, 1967. In the above circumstances, this Court does not find it necessary to go into the merits of the case for the time being. The petitioner is relegated to avail the statutory remedy as aforesaid. Interference is declined. The Writ Petition is dismissed. P. R. RAMACHANDRA MENON, JUDGE kmd