P.R.Sandeep vs The Geologist on 6 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36014 of 2008(K)


1. P.R.SANDEEP, AGED 27 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE DISTRICT COLLECTOR, COLLECTORATE,

                For Petitioner  :SRI.JOBI JOSE KONDODY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/01/2009

 O R D E R
                    ANTONY DOMINIC,J.
               -----------------------
                W.P.(C).No.36014 OF 2008
              ------------------------
            Dated this the 6th day of January, 2009.

                         JUDGMENT

Petitioner is aggrieved by Ext.P4. Petitioner applied

for permit for clay mining. On receipt of the said

application, the respondent issued Ext.P4 calling upon the

petitioner to produce NOC from the Panchayat, within

whose jurisdiction the area is situated. The said direction

has been issued based on the proceedings of the District

Collector dated 24.1.2005. Going by Ext.P4, the said

proceedings pertained only to brick manufacturing units

and therefore it is contended that Ext.P4 is illegal.

2. As already noticed, a reading of Ext.P4 shows that

the proceedings of the District Collector requires NOC for

the brick manufacturing unit. Admittedly, the application

made by the petitioner is for clay mining. If the NOC is

required only for brick manufacturing, the same cannot be

WP(c).No.36014/08 /2/

insisted, so long as the application made by the petitioner is

only for the purpose of clay mining.

Therefore, I quash Ext.P4 and direct the Geologist to

consider the application dated 28.11.2008 made by the

petitioner. It is made clear that, this judgment is rendered

accepting the plea of the petitioner that the proceedings of the

District Collector is applicable only for brick manufacturing

and not for clay mining. On the other hand if the proceedings

of the District Collector is applicable to the clay ming as well,

it will be open to the Geologist to pass orders that he deems

fit, applying the same. Orders shall be passed as expeditiously

as possible and at any rate within 4 weeks from the date of

production of a copy of the judgment.

                                 (ANTONY DOMINIC)
                                       JUDGE
vi/

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