JUDGMENT : S. Manikumar, J. Translated version of the impugned Exhibit P1 proceedings in G.O. (Ms)No.593/15/REV. dated 11.11.2015 and Exhibit P2 proceedings in G.O.(Ms)No.95/2019/RD dated -/03/2019, are reproduced: “GOVERNMENT OF KERALA Abstract Revenue Department-Order issued authorizing the department of Revenue to give sanction to all quarry, crusher and all other related units for continuing its operations and the units, which stalled its operations even after obtaining all legal sanctions to grant further permissions, and to begin the aforesaid industries in LA assigned lands. Revenue (P) Department G.O.(Ms.)No.593/15/Revenue Thiruvananthapuram, Date-11-11-2015 Reference:-Letter No. L.R.(K)4-16244/09 of Land Revenue Commissioner dated 17-09-2015 to authorize the department of Revenue. ORDER In the meeting presided by the Hon'ble Chief Minister for redressal of the grievances in the quarrying sector convened on 08-09-2015, it has been decided to authorise the Revenue Department to grant sanction, in the L.A assigned lands which obtained 'pattayam' based on several land assignment rules, Kerala Private Forest (Vesting and Assignment) Act, 1971 and all other land assignment Acts and Rules published from time to time in the light of Kerala Government Land Assignment Act, 1960, to the units which obtained all necessary legal sanctions and NOC from the revenue department to conduct quarry, rock mining, crusher and all other related units and those units which obtained necessary legal sanction but stalled its operations to continue the aforesaid industries and to give sanction to commence the aforesaid industries in the in L.A assigned lands. Government has examined the matter in detail. It has been ordered to authorize the revenue department to grant sanction to the units which obtained all necessary legal sanctions and NOC from the revenue department to conduct quarry, rock mining, crusher and all other related units and those units which obtained necessary legal sanction but stalled its operations to continue the aforesaid industries and to give sanction to commence the aforesaid industries in the L.A. assigned lands which were assigned as per various Land Assignment Rules issued under Kerala Land Assignment Act, 1960, Kerala Private Forest (Vesting and Assignment) Act, 1971 and all other land assignment Acts and Rules that were issued from time to time, subject to the prevailing conditions and judgments of the court. The respective District Collectors shall take decisions upon it after specifically inspecting such applications submitted before it. By order of the Governor Dr. The respective District Collectors shall take decisions upon it after specifically inspecting such applications submitted before it. By order of the Governor Dr. Viswas Mehta Principal Secretary to the Government” *********** “KERALA GOVERNMENT Synopsis Revenue Department — permission for quarrying at government assigned land — Kerala Land Assignment Rules, 1964 — issuing order to make amendment. Revenue (P) Department G.O.(Ms.) No. 95/2019/RD Date, Thiruvananthapuram, 03/2019 Ref: Kerala Land Assignment Rules, 1964 (S.R.0 No.71/64) ORDER 1. In the light of the complaints that has been raised in the Legislative Assembly, whereby it has been found that there is severe scarcity of construction materials in the state and owing to the immense rise in its cost the construction activities were being hampered, and also considering the fact that the permissions already granted allowing quarrying operations at the land assigned under the Kerala Land Assignment Rules, 1964 were prohibited and new quarrying permits have not been issued thereafter, the government evaluated that it will be appropriate to bring about an amendment to the Kerala Land Assignment Rules, 1964. The government further examined the need for regulating the ongoing quarrying activities that was being carried out on the basis of previously issued quarrying permit in the land assigned for specific purposes. 2. In the above circumstances, it is ordered to amend the present Rule 4 of the Kerala Land Assignment Rules, 1964 as sub rule (1) and to insert sub rule (2) and sub rule (3) with the following paragraphs. 4(2). Quarrying permits may be granted, by the authorities concerned, under Kerala Minor Mineral Concession Rules, 2015, provided that the District collector issues a No Objection Certificate (NOC) based on the report suggesting that the land is not fit for agriculture and that the land is best suited for quarrying activities, by a committee consisting of a Geologist, Agricultural officer and the Village Officer, after examining such land. 4(3). Whereas in those areas where quarrying permits have been already granted within such lands assigned under Kerala Land Assignment Rules, 1964, quarrying activities may be regulated by accepting seigniorage at a rate proportional to the fees charged for quarrying at government sites based on the ordinance issued by the Government from time to time. 3. An ordinance shall be specially published regarding the amendments to the Rules under Kerala Land Assignment Rules 1964. 3. An ordinance shall be specially published regarding the amendments to the Rules under Kerala Land Assignment Rules 1964. As per the order of the Governor Sd/- Land Revenue Commissioner, Thiruvananthapuram, All District Collectors, Director, Mining and Geology Department, Department of Industries and Commerce Agriculture Department General Administration (SC) Department [As per Cabinet Decision of 05-03-2019 (item No.2930 O.A)] Principal Accountant General (Audit), Thiruvananthapuram, Kerala Accountant General (A&E), Thiruvananthapuram, Kerala I & P.R.D Department (For wide propagation) Stock File/Office copy” 2. Contending, inter alia, that the impugned proceedings have been issued in contravention of the procedure contemplated for amendment of rules, instant Public Interest Litigation is filed for the following reliefs: “(A) Issue a writ of certiorari or other appropriate writ, direction or order, quashing Exhibit P1 government order published by the respondents. (B) Issue a writ of prohibition or other appropriate writ, direction or order, directing the respondents or any officers under it or designated as per Exhibit P2 to implement Exhibit P2, or to pass any orders, or to receive seigniorage or do anything in furtherance of Exhibit P2, till it receives the force of law.” 3. Added further, inviting the attention of this Court to paragraph No.2 of Exhibit P2, Mr. P. Viswanathan, learned Senior Counsel appearing for the appellant, submitted that Government have ordered to amend Rule 4 of the Kerala Land Assignment Rules, 1964, without following the procedures set out in the Business Rules, as well as in the Kerala Secretariat Office Manual. 4. Responding to the above, Mr. V. Tekchand, learned Senior Government Pleader, submitted that what is stated in paragraph No.2 of Exhibit P2 is only the decision taken to amend Rule 4 of the Kerala Land Assignment Rules, 1964, but no steps have been taken so far. He also invited the attention of this Court that though the Government, in the year 2019, have intended to issue an ordinance regarding amendment, the same has not been done. Learned Senior Government Pleader further submitted that no quarrying permit has been granted by the authorities as contemplated, as proposed. 5. Submission of the learned Senior Government Pleader is placed on record. 6. Heard the learned counsel for the parties and perused the material available on record. 7. Though, at paragraph No.2 of Exhibit P2, the Government have employed the words “ordered to amend”, no such amendment has been made so far. 5. Submission of the learned Senior Government Pleader is placed on record. 6. Heard the learned counsel for the parties and perused the material available on record. 7. Though, at paragraph No.2 of Exhibit P2, the Government have employed the words “ordered to amend”, no such amendment has been made so far. Besides, no ordinance has been issued. As per the statement of the learned Senior Government Pleader, no quarrying permit has been granted in terms of the impugned order, Exhibit-P2. Procedure set out, in the supporting affidavit to the prayers sought for can be raised only if, there is any amendment made. That apart, ordinance can be issued only when the Assembly is not in session. As on today, things are different. Instant writ petition is premature. In the light of the above, the reliefs sought for in the writ petition cannot be granted. It is accordingly dismissed. Pending interlocutory applications, if any, shall stand closed.