Kerala High Court
Padanna Lime Shell vs The Director Of Fisheries on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.22619 OF 2020(B)
PETITIONER:
PADANNA LIME SHELL, PADANNAYIL HOUSE, CHEMMANAKARI,
AKKARAPADAM P.O., KULASHEKHARAMANGALAM VILLAGE,
VAIKOM TALUK, KOTTAYAM DISTRICT, REPRESENTED BY ITS
PROPRIETOR, REMESAN, S/O.KRISHNAN, AGED 54 YEARS.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENTS:
1 THE DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 033.
2 THE ASSISTANT DIRECTORS FISHERIES, KOTTAYAM,
OFFICE OF ASSISTANT DIRECTOR OF FISHERIES,
KOTTAYAM, PIN-686 001.
3 THE DIRECTOR OF MINING AND GEOLOGY,
THE DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM-695 004, KERALA.
4 THE DISTRICT GEOLOGIST, KOTTAYAM,
DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
KOTTAYAM-686 002.
5 THE STATE OF KERALA, REPRESENTED BY SECRETARY OF
FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
6 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF MINING AND GEOLOGY,
THIRUVANANTHAPURAM, PIN-695 001.
BY ADV. SRI.K J MANURAJ, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, ALONG WITH WP(C).22663/2020(G), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.22619 & 22663/2020(B)
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.22663 OF 2020(G)
PETITIONER:
RUKSANA AGENCIES, KIDANGATH, NADUVATHU NAGAR P.O,
AROOKUTTY VILLAGE, CHERTHALA TALUK, ALAPPUZHA
DISTRICT, REPRESENTED BY ITS PROPRIETOR,
RASHEED, S/O. MUHAMMED, AGED 49 YEARS.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENTS:
1 THE DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 033.
2 THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA,
OFFICE OF DEPUTY DIRECTOR OF FISHERIES,
ALAPPUZHA , PIN-688 001
3 THE DIRECTOR OF MINING AND GEOLOGY,
THE DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE, P.O.
THIRUVANANTHAPURAM-695 004, KERALA.
4 THE DISTRICT GEOLOGIST, ALAPPUZHA,
DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
ALAPPUZHA-688 001.
5 THE STATE OF KERALA, REPRESENTED BY SECRETARY OF
FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
6 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MINING
AND GEOLOGY, THIRUVANANTHAPURAM, PIN-695 001.
BY ADV.SRI.K.J.MANURAJ, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, ALONG WITH WP(C).22619/2020(B), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.22619 & 22663/2020(B)
-3-
JUDGMENT
[ WP(C).22619/2020, WP(C).22663/2020 ]
Dated this the 8th day of January 2021
These writ petitions are filed seeking a direction
for issuance of dealer's licence and transit permit in
respect of lime shells. According to the petitioners,
this request was not acted upon on the ground that
they are not Co-operative Societies.
2. There is no dispute to the fact that the lime
shell is a minor mineral as envisaged in Section 3(e)
of the Mines And Minerals (Development and
Regulation) Act, 1957 (for short, 'MMDR Act') and the
Kerala Minerals (Prevention of illegal Mining,
Storage and Transportation) Rules, 2015 (for short,
' the Rules').
WP(C).Nos.22619 & 22663/2020(B)
3. According to the petitioners, they
approached the authorities for dealers' licence and
transit pass and the same being refused citing Ext.P2
circular, dated 16.10.2017, issued by the 1 st
respondent-Director of Fisheries. By this circular,
the 1st respondent ordered that collection and
transportation of lime shells can only be permitted
to the Co-operative Societies formed by employees
who are engaged in collection of lime shells.
4. A similar issue was considered by this Court
in the judgment, dated 25.08.2020, in W.P.(C)
No.16501 of 2020. This Court, after adverting to the
relevant provisions of MMDR Act as well as the Rules,
ordered that such request for dealer's licence and
transit permit shall be considered in accordance with
WP(C).Nos.22619 & 22663/2020(B)
the abovesaid parent Act or any of the Rules framed
thereunder.
5. Having considered the judgment as above,
I am of the view that the petitioners' application for
dealer's licence and transit permit shall be
considered by the Deputy Director of Fisheries
strictly in accordance with MMDR Act and Rules. It
is made clear that merely because the petitioners are
not Co-operative Societies, the application cannot be
rejected. Needful shall be done within a period of
one month, following the directions passed in Ext.P5
judgment.
The writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
akv
WP(C).Nos.22619 & 22663/2020(B)
APPENDIX OF WP(C) 22619/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
OF PETITIONER UNDER GST DATED 15.08.2020.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE FIRST
RESPONDENT DATED 16.10.2017.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED
14.10.2020 SUBMITTED BY FIRST PETITIONER
BEFORE THE SECOND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
14.10.2020 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 25.08.2020 IN W.P.
(C)NO.16501/2020.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
WP(C).Nos.22619 & 22663/2020(B)
APPENDIX OF WP(C) 22663/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
OF PETITIONER UNDER GST DATED 26.07.2017
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE FIRST
RESPONDENT DATED 16.10.2017.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED
12.08.2020 SUBMITTED BY FIRST PETITIONER
BEFORE THE SECOND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
23.07.202O SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 25.08.2020 IN WPC NO 16501/2020
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
