M/S. Kunnuvilayil Enterprises vs The District Geologist
2021 Latest Caselaw 13762 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
            FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                                WP(C) NO. 7379 OF 2021
PETITIONER:

              M/S. KUNNUVILAYIL ENTERPRISES,
              PATHANAPURAM, KUNDAYAM, KOLLAM, REPRESENTED BY ITS PROPRIETOR
              SHANAVAS KHAN, S/O. UMMER RAVUTHAR, AGED 37 YEARS, KUNNUVILA
              PADINJATTATHIL, KUNDAYAM P.O., PATHANAPURAM VILLAGE, KOLLAM
              DISTRICT.

              BY ADV P.M.ZIRAJ


RESPONDENTS:

     1        THE DISTRICT GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY, KOLLAM-691013.

     2        THE DIRECTOR,
              MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY,
              KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001.

     3        THE DISTRICT COLLECTOR,
              COLLECTORATE, CIVIL STATION, KOLLAM-691013.

     4        THE DISTRICT POLICE CHIEF,
              KOLLAM, LINK ROAD, ASRAMAM, KOLLAM DISTRICT-691001.

     5        THE SUB INSPECTOR OF POLICE
              KOTTARAKKARA POLICE STATION, KOTTARAKKARA-KOLLAM ROAD,
              CHANDAMUKKU, KOTTARAKKARA, KOLLAM DISTRICT-691506.

     6        THE DIVISIONAL FOREST OFFICER,
              FOREST OFFICE, RANNI, PATHANAMTHITTA-689672.

     7        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES
              DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

              GOVT. PLEADER SRI.RAVIKRISHNAN


     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
               W. P. (C) No.7379 of 2021
          ==================
           Dated this the 2nd day of July, 2021

                         JUDGMENT

The petitioner is aggrieved by the insistence

of the first respondent-Geologist for an NOC from the third respondent-District Collector, for

consideration of his application for dealer's

licence and transit passes for stocking and sale of

sand.

2. As evidenced by Ext.P1, the petitioner was

awarded the work of lifting and transporting 1000

M3 sand. According to the petitioner, he purchased

the sand for stock and sale. For the purpose, he

filed an application, before the first respondent,

in terms of the Kerala Minerals (Prevention of

illegal mining, storage and transportation) Rules

2015, hereinafter referred to as "the Rules" for

dealer's licence. However, the first respondent

insists for an NOC from the District Collector for

consideration of his application. The petitioner

incidentally points out that, the first respondent W. P. (C) No.7379 of 2021

had also sought for an NOC from the police, which

was issued by them as evidenced by Ext.P6.

3. No statutory provision could be pointed out,

requiring NOC from the District Collector for

consideration of an application for dealer's

licence under the Rules. In the circumstances, the

application is liable to be considered without

requiring for NOC from the District Collector.

Accordingly the writ petition is disposed of

directing the first respondent to consider the

application submitted by the petitioner for

dealer's licence in accordance with the provisions

of the Rules, as expeditiously as possible and at

any rate within a period of four weeks from the

date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 7379/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE ACCEPTANCE LETTER/SALE ORDER DATED 26/07/2019 DOWNLOADED FROM THE SITE MSTC LIMITED.

EXHIBIT P2 TRUE COPY OF THE COUNTERFOIL OF CHELAN TOWARDS APPLICATION FEE DATED 01/11/2019.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 29/08/2019 ISSUED BY THE SIXTH RESPONDENT TO THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LICENSE DATED 16/10/2019 ISSUED BY THE SECRETARY, UMMANNOOR GRAMA PANCHAYATH.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 27/01/2020 ISSUED BY THE FIRST RESPONDENT TO THE THIRD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 11/02/2020 SUBMITTED BY THE FIFTH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 04/03/2020 ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REGISTRATION GRANTED TO MR.

SUNIL KUMAR S. BY THE DISTRICT GEOLOGIST, ALAPPUZHA DATED 26/08/2019 UNDER THE PROVISIONS OF KERALA MINERALS (PREVENTION OF ILLEGAL MINING, STORAGE AND TRANSPORTATION) RULES 2015.

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