Muhammed Saddik vs State Of Kerala
2021 Latest Caselaw 15847 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                         WP(C) NO. 41443 OF 2017
PETITIONER:

              MUHAMMAD SADIKK
              NEDIYAKALAYIL PUTHEN VEEDU,IRAVON VILLAGE,
              KONNI TALUK,KUMMANNOOR.P.O,PATHANAMTHITTA DISTRICT.
              BY ADV SRI.UNNI. K.K. (EZHUMATTOOR)


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY CHIEF SECRETARY,GOVERNMENT OF
              KERALA,GOVT.SECRETARIAT,THIRUVANANTHAPURAM-695001.
     2        THE DIRECTOR
              MINING ANG GEOLOGY,DIRECTORATE OF MINING AND GEOLOGY
              DEPARTMENT,THIRUVANANTHAPURAM-695001.
     3        THE SENIOR GEOLOGIST
              MINING AND GEOLOGY,MINI CIVIL
              STATION,ARANMULA,PATHANAMTHITTA DISTRICT-689645.
              BY GOVERNMENT PLEADER MS.REKHA C.NAIR


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.41443 of 2017               2




                           GOPINATH P., J.
                         ..................................
                      W.P(C) No.41443 of 2017
                       ......................................
                  Dated this the 30th day of July, 2021

                                JUDGMENT

The petitioner applied for registration and for a dealer's licence

in terms of the provisions contained in Kerala Minerals (Prevention of Illegal

Mining, Storage and Transportation) Rules, 2015. On 31.05.2017 the

petitioner was issued with Ext.P1 registration certificate mentioning the

name of the mineral as 'granite building stone'. This registration certificate

was subsequently re-issued with the same number and date (see Ext.P5)

where the name of the mineral is stated to be 'granite aggregates'. The

dealer's licence granted to the petitioner by Ext.P4 on 02.06.2017 also

mentioned the name of the mineral as 'granite aggregates'. The grievance of

the petitioner is that by mentioning the name of the mineral to be 'granite

aggregates' he is prevented from dealing with granite boulders and that he

had specifically applied for registration and dealer's licence to deal with

granite boulder stones and granite aggregates.

2. It is seen from Ext.P7 that the Director of Mining and Geology

has directed the District Geologist, Pathanamthitta to correct the registration

certificate and the dealer's licence with the description of the minerals as

"granite boulders and other aggregates". Learned counsel for the petitioner

submits that despite Ext.P7, the District Geologist is refusing to make the

necessary endorsement on the registration certificate and the dealer's

licence. He also states that the registration certificate is valid till 30.05.2022

and Ext.P4 dealer's licence which was valid till 01.06.2018 has been renewed

thereafter.

3. Learned Government Pleader has filed a memo. It contains a

report of the District Geologist, Pathanamthitta. A reading of the report

submitted by the District Geologist shows that the purpose of excluding

granite boulder stones from the registration certificate/dealer's licence was

to prevent illegal stocking of boulders by the petitioner under the guise of

carrying on a business in granite aggregates.

On a consideration of the matter, I am of the opinion that if the

law does not prevent the petitioner from dealing with granite building stones

and granite aggregates, a registration certificate and dealer's licence under

the Rules cannot be restricted in the manner indicated above on the plea that

mentioning of granite building stones in the registration certificate and

dealer's licence would result in illegal stocking of boulders. Taking note of

the specific case of the petitioner that he is being prevented from carrying

out the business in granite building stones on the premises that the

registration certificate and dealer's licence mention only granite aggregates

and also taking note of Ext.P7, there shall be a direction to the District

Geologist to issue a registration certificate/dealer's licence to the petitioner

as indicated in Ext.P7 communication of the Director of Mining and Geology

if all other prescribed conditions are satisfied.

The writ petition will stand disposed of accordingly

GOPINATH P.

Judge

cks

APPENDIX OF WP(C) 41443/2017

PETITIONER'S EXHIBITS EXT .P1 TRUE COPY OF THE REGISTRATION CERTIFICATE FOR SALES DEPOT EXT.P2 TRUE COPY OF THE APPLICATION FOR DEALER'S LICENSE DATED 2.6.2017 EXT.P3 TRUE COPY THE CHALLAN RECEIPTS ISSUED BY THE TREASURY EXT.P4 TRUE COPY OF THE DEALERS LICENSE ISSUED BY THE 3RD RESPONDENT ON 2.6.2017 EXT.P5 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 3RD RESNPONDENT REPLACING THE EXT.P1 EXT.P6 TRUE COPY OF THE APPLICATION DATED 5.7.2017 SUBMITTED BY TO THE 2ND RESPONDENT EXT.P7 TRUE COPY OF THE LETTER BY THE 2ND RESPONDENT ADDRESSED TO THE 3RD RESPONDENT.

EXHIBIT P8: TRUE COPY OF THE APPLICATION DATED 15.3.2018 SUBMITTED TO THE 3RD RESPONDENT.

                  RESPONDENTS' EXHIBITS           NIL