Kuzhikattu Granites vs The District Geologist
2022 Latest Caselaw 4165 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 8811 OF 2022
PETITIONER:

          KUZHIKATTU GRANITES
          PRAKASH P.O., IDUKKI,
          REPRESENTED BY ITS MANAGING PARTNER

          BY ADVS.
          PHILIP J.VETTICKATTU
          SAJITHA GEORGE
          NEENU BERNATH


RESPONDENTS:

    1     THE DISTRICT GEOLOGIST
          IDUKKI, DISTRICT OFFICE,
          MINING & GEOLOGY DEPARTMENT,
          MINI CIVIL STATION,
          THODUPUZHA, IDUKKI-685 584

    2     DISTRICT COLLECTOR,
          COLLECTORATE, KUYILIMALA,
          PAINAV P.O., IDUKKI, PIN-685 603



          SRI.B.S.SYAMANTHAK, GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8811 OF 2022
                                         2




                              T.R.RAVI, J.
                     ----------------------------------------
                       WP(C) NO.8811 OF 2022
                    -------------------------------------------
               Dated this the 07th .day of April, 2022

                            JUDGMENT

The writ petition has been filed challenging Ext.P9 order

issued by the 1st respondent rejecting renewal of dealers

licence to the petitioner. The main reason that appears to have

weighed with the 1st respondent is that Rule 13(4) of Kerala

Minerals (Prevention of Illegal Mining, Storage and

Transportation) Rules 2015 (hereinafter referred to as the

Rules) prohibits grant of a licence to a person who has been

convicted of an offence. It is stated that earlier the petitioner

had compounded in the offence and hence his case will come

within the purview of Rule 13(4) of the Rules. The counsel for

the petitioner relies on Section 23A of the the Mines and

Minerals (Development and Regulation) Act, 1957 (the Act for

short) which provides for compounding of offences. Section 23

A(1) says that any offence punishable under the Act or Rule

made thereunder may, either before or after the institution of WP(C) NO. 8811 OF 2022

the prosecution, be compounded. It is hence clear that the

compounding is contemplated before a proceeding ends in a

conviction. Section 23 A(2) says that once an offence is

compounded under sub-section(1), no proceeding or further

proceeding shall be taken against the offender in respect of the

offence so compounded. This Court had considered the effect

of Section 23A in the judgment in Digil v Sub Inspector of

Police [2013 (1) KLT 600]. This Court considered the effect

of Section 23A, Rules 58, 59 and 68 of the Kerala Minor

Mineral Concession Rules and held that on a conjoint reading

of Section 23 A(2) and Section 22, it can be seen that once

compounding application is allowed, no further action is

contemplated. I am in respectful agreement with the dictum

laid down in the above case. The reasoning in Ext.P9 cannot

hence be sustained.

The writ petition is allowed. Ext.P9 is quashed. The 1 st

respondent is directed to reconsider the application for

renewal of dealers licence and grant the same, if the petitioner

is otherwise entitled. The reason that an offence was

compounded earlier cannot be a ground for rejecting the WP(C) NO. 8811 OF 2022

renewal. It is made clear that Rule 13(4) of the Rules will have

no application in this case. Orders shall be passed within one

month from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 8811 OF 2022

APPENDIX OF WP(C) 8811/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF STOCKING AND SELLING AND /OR PROCESSING OF MINERALS UNDER THE RULES 2015 DATED 4.2.2019 WITH VALIDITY UP TO 3.2.2024 Exhibit P2 TRUE COPY OF THE DEALERS LICENSE ISSUED BY THE COMPETENT AUTHORITY IN FAVOUR OF THE PETITIONER, UNDER THE RULES 2015 DATED 4.2.2019 WITH VALIDITY UP TO 3.2.2020 Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE IN FAVOUR OF THE PETITIONER, DATED 20.11.2019 AND VALID UP TO 31.12.2024 WITH RESPECT TO THE UNIT Exhibit P4 TRUE COPY OF THE LICENSE DATED 20.12.2019 ISSUED BY THE LOCAL AUTHORITY IN FAVOUR OF THE PETITIONER WHICH IS VALID UPTO 31.3.2020 Exhibit P5 TRUE COPY OF THE RECEIPT DATED 20.1.2020 SHOWING REMITTANCE OF FEES FOR THE APPLICATION Exhibit P6 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 26.2.2020 Exhibit P7 THE TRUE COPY OF THE REPORT ALONG WITH MEMO FILED BY THE 1ST RESPONDENT IN THE SAID WRIT PETITION Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.27370/2020 DATED 17.9.2021 Exhibit P8A TRUE COPY OF THE PROCEEDINGS DATED 14/5/2020 Exhibit P9 TRUE COPY OF ORDER DATED 28.10.2021 Exhibit P10 TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE QUARRY OPERATOR DATED 2.2.2022 Exhibit P11 TRUE COPY OF THE REPORT OF THE TAHSILDAR GRANTING ACCESS TO THE UNIT DATED 5.3.2022

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE