IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33107 of 2009(G)
1. SURESH BABU.S. AGED 49 YEARS
... Petitioner
2. K.P.RJAPPAN NAIR, AGE 53 YEARS
3. ANSAR.P.P., AGED 35 YEARS
4. BIJU.S., AGED 39 YEARS,
5. RAJU.P.V. AGED 40 YEARS
6. PURUSHOTHAMAN.K.K., AGED 55 YEARS,
Vs
1. PIRAVOM GRAMA PANCHAYAT(SPECIAL GRADE)
... Respondent
2. THE SECRETARY PIRVAM GRAMA PANCHAYAT.
3. GEOLOGIST, DEPARTMENT OF MINING AND
For Petitioner :DR.VINCENT PANIKULANGARA
For Respondent :SRI.S.SREEKUMAR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :24/11/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C) No.33107 OF 2009
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Dated this the 24th day of November, 2009
J U D G M E N T
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The 2nd respondent is the Secretary of the 1st respondent
Grama Panchayat. The 3rd respondent is the Geologist having
jurisdiction over the area in question.
2. The petitioners applied for grant or renewal of licence to
mine clay from paddy fields. They also say that clay, which was
mined out during the previous year, is left unutilised and is stored by
the petitioners in the locality. They need the permission of the
respondents 1 and 2 to put the stored materials to use in the
manufacture of bricks. They also need permits to resume mining of
clay.
3. Following the directions of this Court in Kairali Swayam
Sahaya Sangam v. State of Kerala [2009(2)KLT 181] and having
regard to the relevant provisions of the Panchayat Raj Act and
different statutory provisions that govern the field of mining, the
W.P.(C) No.33107/2009 2
Panchayat has taken Ext.P33 decision, deciding to grant permit to 21
persons enumerated therein on terms fixed thereby and on the
condition that the permit will be issued when the appropriate
clearances of the Mining and Geology Department, Revenue
Department, Pollution Control Board etc. are produced.
4. Though the petitioners tried to state in the Writ Petition
that the 1st respondent informed the petitioners that they have to get
a no objection certificate from a Samithy, there is no such insistence
either in Ext.P33 or among the directions issued by this Court in the
aforesaid judgment.
5. The learned counsel for respondents 1 and 2 state that
there is no requirement to obtain the NOC of any Samithy and that
licences will be issued in terms of Ext.P33 on production of
necessary documents in consonance with what is stated in the last
two paragraphs of Ext.P33. This submission is recorded and it is
ordered that the individual request of the petitioners will be
considered by the Panchayat Secretary on production of the
W.P.(C) No.33107/2009 3
appropriate documents in support of what is required in terms of the
last two paragraphs of Ext.P33 and if satisfied with such materials,
the Secretary shall issue the licences within a period of two weeks
therefrom.
6. The Panchayat Secretary will inspect any site where the
petitioners’ claim to have stored clay appropriately and if satisfied
that the clay is not mined recently, the Panchayat Secretary will
consider any application for issue of licence for utilising that clay for
the manufacture of bricks. However, the respondents 1 and 2 will
ensure strict vigil that under the guise of such licences there is no
further mining. Let that be done within a period of two weeks of any
among the petitioners pointing out any site by a written application to
respondents 2 and 3.
The Writ Petition is ordered accordingly.
THOTTATHIL B. RADHAKRISHNAN,
Judge
ps