High Court Kerala High Court

M.M.Mathew vs The District Collector on 11 February, 2008

Kerala High Court
M.M.Mathew vs The District Collector on 11 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 811 of 2008(V)


1. M.M.MATHEW, AGED 53 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. THE TAHSILDAR,

4. THE GEOLOGIST, MINING AND GEOLOGY

                For Petitioner  :SRI.JOBI JOSE KONDODY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/02/2008

 O R D E R
                            ANTONY DOMINIC, J.



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                      W.P.(C) 811 & 1154  of  2008



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                        Dated: February 11, 2008



                                 JUDGMENT

The petitioners are sand dealers who are duly licensed by the

4th respondent in terms of the Kerala Minor Mineral Concession

Rules. Petitioners submit that on 5.1.2008 as part of a mass raid

that was conducted, their premises were also raised. According to

them the sand which was legitimately collected by them and stored

for sale has been seized and was proposed to be auctioned without

any notice or complying with the other procedural requirements. It

is in the aforesaid context these writ petitions were filed.

2. In WP(C) 1154/08 this court has passed an interim order on

9.1.2008 restraining the respondents from removing the sand which

was already auctioned on 7.1.08 from the stockyard of the

petitioner. In so far as the sand seized from the petitioner in WP(C)

811/08, the proceedings for auction was stayed by order dated

7.1.2008.

WP(C) 811 & 1154/08

Page numbers

3. Heard the counsel for the petitioners and the Government

Pleader.

4. Counsel for the writ petitioners now submits that although

in respect of all others similarly situated persons, the respondents

have permitted them to resume business, taking advantage of the

pendency of these writ petitions, the petitioners alone are not

permitted to carry on their business.

5. Learned Government Pleader on instructions submits that

the premises of the petitioners were raided and that action was

taken in view of the violations of the provisions contained in the

Kerala Minor Mineral Concession Rules and in particular Rule 48(l)

thereof. According to the learned Government Pleader the

respondents are justified in the action they have taken.

6. As stated by the Government Pleader, if there is a violation

of the provisions of Rule 48(l), the 4th respondent is entitled to take

such action as is permissible in law. However, any such action has

to be expeditiously taken as it would result in depriving the

petitioners legitimate right to carry on their business. Therefore, I

direct that the 4th respondent shall expedite the action that is

WP(C) 811 & 1154/08

Page numbers

proposed to be taken against the petitioners and final orders shall

be passed with notice to the petitioners and without delay in the

matter.

7. The submission of the petitioners that all others against

whom similar action has been taken are permitted to resume

business also needs to be noticed. If what the counsel for the

petitioners submits is factually correct, I am sure that the 4th

respondent will be consistent in his approach in so far as the

petitioners are concerned. Leaving it open to the 4th respondent to

complete the proceedings that are already initiated and reserving

liberty to the petitioners to challenge the same if they are ultimately

aggrieved , I close these writ petitions.

ANTONY DOMINIC, JUDGE

mt/-