JUDGMENT :- Ramachandran Nair, J. 1. This is a public interest litigation filed for direction to the State Government and its agencies to take effective measures to prevent illegal mining of clay from the properties belonging to party respondents 8 to 15. This writ petition happened to be posted before Division Bench along with several writ appeals and connected cases which are disposed of through separate judgment. 2. We heard counsel appearing for the petitioner, Government Pleader for respondents 1 to 7 and Senior Counsel Sri. Ranjith Thampan appearing for respondents 8,9,13 and 3. When the matter is taken up for hearing, Government Pleader submitted that the Supreme Court in Deepak Kumar v. State of Haryana ( 2012) 4 SCC 629) has issued directions to the State Government to frame Rules for regulating mining and other activities affecting environment in the State. The basic idea is to first conduct a study on the impact of ecology on account of mining and other activities, so that, permissions are granted only where there is no ecological disaster or adverse impact on the environment. The Government, however, concedes that there cannot be blank prohibition against mining because entire construction materials like rubble, clay, sand etc are sourced only from land. The extensive cost of transportation compels Government to permit limited mining in neighbouring areas for construction purpose. Generally Kerala has rock formation, sand and clay deposits in a distributable manner, so that, mining can be permitted in many places and centres, so the construction needs of the people of all such areas can be met. Government Pleader submitted that Government has constituted a committee which probably has to conduct study and frame Rules and Guidelines for permitting mining. Since Government is engaged in the process, there is no need for us to go into illegality of mining alleged by the petitioner in this case. 4. Leaving it open to the Government to frame Rules and to permit mining only under the same, we feel only temporary orders are required to be issued to concerned authorities to permit mining subject to such conditions as are required until the Rules are framed. 5. In this case, the petitioner has produced photographs which show that deep mining of clay is going on in extensive areas stated to be around 60 acres. 5. In this case, the petitioner has produced photographs which show that deep mining of clay is going on in extensive areas stated to be around 60 acres. Looking at the photographs, we are convinced that the area has good quality clay suitable for making bricks, tiles and other construction materials and probably at deeper levels, better quality clay may be available fit for use in manufacture of even ceramic products and for use by other industries. Even mining a limited depth of 10 feet, will render the land unfit for any kind of cultivation unless filled up with earth. Mining is always permitted after leaving reasonable distances from residential houses, schools and other buildings, roads and railways, so that, the same does not lead to any threat to the stability of buildings and roads. Similarly side margin has to be provided to pathways, roads and also even canals. Mined pit is also fit for useful purposes like storage of water during monsoon for drinking as well as irrigation purposes. Similarly, water formation in mined pit can be used for aqua farming. In fact, going by the small holdings in Kerala, mining pits formed in small extent of properties render the land useless to the owner for any other purpose and such pits are dangerous to human and animal life. Therefore small areas mined should be filled up and extensive areas mined could be grouped together for common utilization by the land owners together or by the State or even by the local authority. In our view, it would be possible for the Government to permit mining beyond a certain limit on condition of vesting of mined land in Government or local authority for public utility like formation of reservoir for water storage for drinking as well as irrigation purposes of the area. We are sure that Government will keep in mind utilization of mined land for public purposes while mining Rules are made. In fact, if land owners surrender land after mining for public purposes as stated above, there will be nothing wrong in exonerating them from payment of royalty from mining which would also be kept in mind by the Government while making legislation on the subject. 6. In fact, if land owners surrender land after mining for public purposes as stated above, there will be nothing wrong in exonerating them from payment of royalty from mining which would also be kept in mind by the Government while making legislation on the subject. 6. What we notice from the photographs in this case is that mining in at least some properties has reached such a level that the land has been rendered useless for cultivation. Filling extensive areas with soil is not financially viable or practically possible. Therefore further mining can safely be permitted in the areas where already mining has reached 10 feet so that pit is utilized thereafter for the purposes as indicated above. We also notice in several cases reaching this Court that the Geology Department is permitting mining up to 10 to 20 feet. Deep mining of land will lead to destruction of farm land otherwise fit for cultivation. Extensive paddy fields in Kerala have been rendered marshy lands on account of part filling of certain areas which prevents proper flow of water conducive for paddy cultivation. So much so, the effort of the Government should be such that the lands that had turned marshy and unfit for cultivation are restored for cultivation and though not necessary for paddy, but for vegetables, food crop and even commercial crop like coconut, coco etc. We are sure that the Government will keep in mind the realities of people unable to utilize their lands in the present condition. Keeping our suggestions as above, we direct the District Collector to permit mining subject to such terms and conditions as he feels fit on application submitted by the petitioner, wherever concurrence is required from the Geologists, subject to it until Rules are made by the Government as above and thereafter mining will be subjected to such Rules. It would also be open to the Collector to convene a meeting of the land owners, industries engaged in clay mining and production of building materials like bricks, tiles etc and also local authorities so that consensus can be drawn for mining as well as private and public utilization of mind land to serve the community as a whole. The District Collector is directed to grant approval to eligible persons within a period of six weeks from the date of production of a copy of this judgment. The District Collector is directed to grant approval to eligible persons within a period of six weeks from the date of production of a copy of this judgment. Government Pleader will forward a copy of this judgment to the Chief Secretary to Government for placing the judgment before the committee constituted to make Rules in terms of the Supreme Court judgment and for issuing guidelines to the District Collector and the RDOs in regard to permission being granted for mining being the land pending framing of Rules.