High Court Kerala High Court

P.Gopinathan vs The Geologist on 23 January, 2008

Kerala High Court
P.Gopinathan vs The Geologist on 23 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2656 of 2008(N)


1. P.GOPINATHAN, AGED 47 YEARS,
                      ...  Petitioner

                        Vs



1. THE GEOLOGIST, MINING AND GEOLOGY
                       ...       Respondent

                For Petitioner  :SRI.JOBI JOSE KONDODY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/01/2008

 O R D E R
                            ANTONY DOMINIC, J.

                            -------------------------------

                        W.P(C) Nos. 2656  OF 2008

                          -----------------------------------

                Dated this the 23rd  day of January, 2008


                                   JUDGMENT

Referring to Clause 17 of Ext.P1 petitioner has filed Ext.P2.

By Ext.P2 he seeks a modification of Ext.P1 permitting him to use

the pump and motor for washing ordinary sand. This identical

issue has been considered by a Division Bench of this Court in

Ext.P3 judgment wherein it has been held that conditions

permitting or prohibiting the use of motor and pump can be

imposed depending on the facts of each case and that there

cannot be a universal imposition of any such prohibition. In view

of the position as above, since the petitioner’s claim is same as

the one considered by this Court in Ext.P3 judgment I dispose of

this Writ Petition directing the respondent to consider Ext.P2

representation filed by the petitioner in the light of Ext.P3 judgment

and pass orders thereon as expeditiously as possible, at any rate

within four weeks of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment before the

respondent for compliance.

ANTONY DOMINIC, JUDGE

btt

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