IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21326 of 2007(L)
1. P.O.JOSE,
... Petitioner
Vs
1. THE GEOLOGIST,
... Respondent
For Petitioner :SRI.M.P.ASHOK KUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/07/2008
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 21326 of 2007
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Dated this, the 14th July, 2008.
J U D G M E N T
Petitioner filed Ext. P3 application for issuance of dealers’
licence under Rule 48A of the Kerala Minor Mineral Concession Rules.
His application was rejected by Ext. P4 order on the ground that in
view of a decision taken in a conference attended by the Ministers of
Home and Revenue, it has been decided not to entertain further
applications for dealers’ licence. The petitioner submits that he
intends to import sand from Tamil Nadu and since the respondent has
no case that sand is available in Kerala in sufficient quantities, his
application for dealer’s licence cannot be rejected.
2. A counter affidavit has been filed by the respondent in which
quoting Rule 48A, it is contended that the number of licensed dealers
selling minor minerals in the area, the availability of the minor
mineral of the kind required for sale and the general demand of the
minor minerals are considerations which should weigh with the
authorities in deciding whether to issue further permits in the
particular area in question. According to the learned Government
Pleader, it is after taking into consideration all these aspects, it has
been decided to stop issue of any further dealers’ licence in the area.
He would further submit that wide-spread mal-practices being
committed by dealers in the name of importing sand from Tamil Nadu
is also a reason to take the particular decision, as is clear from Ext.
P4.
3. I have considered the rival contentions in detail.
4. As stated by the respondent himself, the availability of minor
mineral of the particular kind required for sale in the particular area
is also a relevant consideration in the matter of issuing dealers’
licence. As general information goes, Kerala is experiencing dearth
of sand for construction purposes. Because of the dearth, the price of
W.P.C. No. 21326/2007. -: 2 :-
sand has sky-rocketed. Therefore, I am of opinion that the
respondent has to re-consider the matter in the light of these
observations also.
Accordingly, Ext. P4 is quashed and the respondent is directed
to re-consider Ext. P3 in the light of the observations contained
herein. Fresh orders shall be passed within one month from the date
of receipt of a copy of this judgment. The writ petition is allowed as
above.
The petitioner shall forward a certified copy of this judgment
along with a copy of the writ petition to the respondent for
compliance.
S. Siri Jagan, Judge.
Tds/