IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3778 of 2011(V)
1. A.RAMESH BABU,S/O.LATE KANARAKUTTY,
... Petitioner
Vs
1. STATE OF KERALA,REP.BY THE CHIEF
... Respondent
2. THE DISTRICT COLLECTOR,KOZHIKODE
3. THE SUPERINTENDENT OF POLICE
4. THE GEOLOGIST, MINING AND GEOLOGY
5. THE TAHSILDAR,KOZHIKODE TALUK,
6. SUB INSPECTOR OF POLICE,
7. VILLAGE OFFICER,CHELANNOOR,
8. P.SASIKUMAR,S/O.GOPALAN,
For Petitioner :SRI.PHILIP ANTONY CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :10/02/2011
O R D E R
THOTTATHIL B.RADHAKRISHNAN
&
S.S.SATHEESACHANDRAN, JJ.
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W.P(C).No.3778 OF 2011
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Dated this the 10th day of February, 2011
JUDGMENT
Thottathil B.Radhakrishnan,J.
Having regard to the nature of order being issued
hereunder, notice to the 8th respondent dispensed with,
preserving his right for re-hearing of the matter, if aggrieved.
Heard learned counsel for the petitioner and learned
Government Pleader for respondents 1 to 7.
The petitioner is one among the parties to a civil suit
pending before the Sub Court, Kozhikode. He says that, that is
a suit for partition between him and siblings. The allegation in
this writ petition is that the 8th respondent, who was granted
some right to do mining activities, is carrying on such
activities beyond the licence period and contrary to law in as
WPC.3778/11
2
much as, as of now, the 8th respondent does not have any
permission. This is an issue that the petitioner can press
before the civil court in appropriate suit or present before the
second respondent District Collector or the 4th respondent
Geologist who are duty bound to ensure that there is no
mining activity in the State of Kerala in the respective
territories under their jurisdiction except in accordance with
the law governing mining activities. Under such
circumstances, we order that any complaint pending before
the 2nd or 4th respondent will gain attention and appropriate
orders will be issued thereon within a period of three weeks
from the date of receipt of a copy of this judgment. All other
issues on merits left open.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
Sd/-
S.S.SATHEESACHANDRAN,
Judge.
kkb.10/2.
