IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1826 of 2008(P)
1. K.V.PRAKASAN, S/O. VASU, AGED 42 YEARS,
... Petitioner
Vs
1. THE DISTRICT GEOLOGIST,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :15/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 1826 of 2008
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Dated: January 15, 2008
JUDGMENT
In this writ petition Ext.P1 permit has been issued to the
petitioner incorporating condition No.17, based on a judgment of
this court in WP(C) 1694/04. According to the respondents, the
effect of the judgment is that the petitioner will not be entitled to
use pump and motor for washing ordinary sand, which he is mining.
It is objecting to the said clause, this writ petition has been filed.
2. A Division Bench of this court in judgment in WP(C)
No.29713/06 has already taken the view that irrespective of the
facts of the case, there cannot be a clause as Ext.P17 in all cases.
According to the Division Bench judgment, it is for the authorities to
consider the facts of each case and take a decision as to whether
such a clause prohibiting the use of pump and motor is required to
be incorporated or not. In view of the similarity of the facts of this
case with the facts of the case decided by the Division Bench of this
court, I am satisfied that the petitioner is also entitled to the reliefs
WP(C)
Page numbers
similar to what has been granted by the Division Bench.
Therefore, I dispose of this writ petition directing that the
Geologist, Mining, Kottayam, shall consider as to whether a
prohibition of use of pump and motor is required to be imposed in
the case of the petitioner also.
ANTONY DOMINIC, JUDGE
mt/-