High CourtsSingle Bench(2010) 12 KL CK 0079

K.T. Sunil @ K.T. Sunil Kumar vs State of Kerala, The District Collector, The Senior Geologist and The Secretary, Kerala Congress (M)

High Court Of Kerala · Decided on 20 December 2010

HON’BLE JUDGES
Antony Dominic, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) . No. 37565 of 2010 (U)

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Judgment

5 paragraphs · 193 words

Antony Dominic, J.—Ext.P1 NOC was issued by the District Collector enabling the Petitioner to obtain permit for mining ordinary sand. Based on Ext.P1, Ext.P2 permit was also obtained by the Petitioner from the Geologist. However, in view of Ext.P3 ban order issued by the District Collector, Petitioner is not permitted to mine ordinary sand. It is in these circumstances, challenging Ext.P3 order of the District Collector banning sand mining, this writ petition is filed.

2.

The main contention raised by the learned Counsel for the Petitioner is that the District Collector has no power to ban sand mining and, therefore, Ext.P3 is illegal. As far as this contention of the learned Counsel for the Petitioner is concerned, the judgment of this Court in Gokuldas Vs. Geologist, upholding the power of the District Collector to issue orders in the nature of Ext.P3, is a complete answer.

3.

Therefore, Ext.P3 is to be upheld and I do so.

4.

Be that as it may, Ext.P3 order reflects only a temporary ban and, therefore, it will be open to the Petitioner to seek appropriate orders from the Respondent concerned.

Writ petition is disposed of as above.