IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 37565 of 2010(U) 1. K.T.SUNIL @ K.T.SUNIL KUMAR, ... Petitioner Vs 1. STATE OF KERALA, ... Respondent 2. THE DISTRICT COLLECTOR, KOTTAYAM, 3. THE SENIOR GEOLOGIST, DISTRICT OFFICE, 4. THE SECRETARY, KERALA CONGRESS (M) For Petitioner :SRI.C.S.MANU For Respondent : No Appearance The Hon'ble MR. Justice ANTONY DOMINIC Dated :20/12/2010 O R D E R ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 37565 of 2010 U ``````````````````````````````````````````````````````` Dated this the 20th day of December, 2010 J U D G M E N T
Ext.P1 NOC was issued by the District Collector
enabling the petitioner to obtain permit for mining ordinary
sand. Based on Ext.P1, Ext.P2 permit was also obtained by
the petitioner from the Geologist. However, in view of Ext.P3
ban order issued by the District Collector, petitioner is not
permitted to mine ordinary sand. It is in these circumstances,
challenging Ext.P3 order of the District Collector banning sand
mining, this writ petition is filed.
2. The main contention raised by the learned counsel
for the petitioner is that the District Collector has no power to
ban sand mining and, therefore, Ext.P3 is illegal. As far as
this contention of the learned counsel for the petitioner is
concerned, the judgment of this Court in Gokuldas Vs.
Geologist [2009 (3) KLT 924] upholding the power of the
District Collector to issue orders in the nature of Ext.P3, is a
W.P.(C) No.37565/10
: 2 :
complete answer.
3. Therefore, Ext.P3 is to be upheld and I do so.
4. Be that as it may, Ext.P3 order reflects only a
temporary ban and, therefore, it will be open to the petitioner
to seek appropriate orders from the respondent concerned.
Writ petition is disposed of as above.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
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P.A. To Judge