IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10085 of 2010(I)
1. P.V.THOMAS, AGED 43 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, COLLECTORATE,
... Respondent
2. THE GEOLOGIST,
For Petitioner :SRI.JOBI JOSE KONDODY
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.10085 OF 2010
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Dated this the 25th day of March, 2010.
J U D G M E N T
The petitioner is an applicant for obtaining quarrying permit
for mining sand from the property comprised in Survey No.407/6
(T.P.No.1789) of Anakkara village in Udumpunchola Taluk. As
per the amended rules namely, Kerala Minor Mineral Concession
Rules, a No Objection Certificate from the District Collector is
required for issuing quarrying permit and accordingly, Exhibit P2
application has been submitted.
2. It is submitted that the formalities for issuing the No
Objection Certificate by way of calling for reports from the
Tahsildar, Village Officer etc. are over and they have reported
that sand is available there and the mining can be permitted.
These submissions are supported by Exhibits P3 to P5
documents. Exhibit P7 is the copy of the report of the Geologist
dated 01.01.2010 wherein it is mentioned that there is sufficient
quantity of ordinary sand forming part of a plateau and that there
W.P.(C) No.10085/2010 2
will be no environmental problem if the permit is granted.
Thereafter, the District Collector has referred the matter to the
Deputy Collector (Trainee) who has filed Exhibit P8 report.
3. It is the case of the petitioner that Deputy Collector
(Trainee) is not an expert as far as various technical aspects are
concerned. It is also submitted that the District Collector may be
directed to verify the facts as reported by the Tahsildar, Village
Officer and the Geologist and take appropriate decision in the
matter.
4. Exhibit P11 is the judgment rendered by this Court in
W.P.(C) No.2282/2010 in similar circumstances wherein this
Court directed the matter to be considered in the light of the
report of the Geologist. A further direction was issued to inspect
the property by the officers of the Ground Water Department to
find out whether the mining will affect the availability of drinking
water.
Therefore, the said method can be adopted by the District
Collector to find out whether the mining will affect the availability
of drinking water and a report will be called for from the officers
W.P.(C) No.10085/2010 3
of the Ground Water Department. After considering various
reports including the report of the Geologist, Ground Water
Department etc., appropriate action will be finalized within a
period of three weeks from the date of receipt of a copy of this
judgment. It is submitted by the learned counsel for the
petitioner that the mining is proposed to be conducted only one
metre depth. The same also will be considered by the District
Collector while passing orders. The petitioner will produce a copy
of the writ petition along with a copy of this judgment for
compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp