IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27417 of 2010(B)
1. MATHEW JOSEPH KOLADY,KOLADY HOUSE,
... Petitioner
2. M.K.SUKUMARAN,AGED 48 YEARS,
3. K.K.RAJEEV,S/O.KRISHNAN,KUTHUNGAL HOUSE,
4. JAMES V.C, VADAKKEMULANJANAL HOUSE,
Vs
1. THE DISTRICT COLLECTOR,IDUKKI,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE GEOLOGIST, MINING & GEOLOGY DISTRICT
For Petitioner :SRI.JOBI JOSE KONDODY
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 27417 OF 2010 (B)
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Dated this the 9th day of September, 2010
J U D G M E N T
According to the petitioners, they were issued Exts.P1 to P4
mining permits for mining of weathered rock. It is stated that
based on certain news reports, Ext.P5 communication was issued
prohibiting mining on the strength of Exts.P1 to P4. Although ban
imposed by Ext.P5 was lifted by Ext.P6 in respect of certain
persons and mining was resumed, by Ext.P7 order, the 2nd
respondent issued a total prohibition of mining of weathered rock
in the Devikulam Revenue Division. It is affected by Ext.P7, the
writ petition is filed.
2. Although several contentions are raised by the learned
counsel for the petitioners, a reading of Ext.P7 does not show that
the said order was issued after issuing notice to the licenced
persons like the petitioners. In that view of the matter, Ext.P7 as
such cannot be sustained.
3. Therefore, I direct that Ext.P7 be treated as notice and
it will be open to the petitioners to submit their objections to
Ext.P7 within two weeks from today, in which event, the 2nd
WPC No. 27417/10
:2 :
respondent will consider Ext.P7 in the light of the objections so
filed and fresh orders will be passed within two weeks thereafter.
In the meantime, status quo as on today will continue.
4. Petitioners to produce a copy of this judgment before
the 2nd respondent for compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp