Hameeda Basheer vs Sajeev T S
2023 Latest Caselaw 2709 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                       WA NO. 444 OF 2023
AGAINST THE JUDGMENT DATED 24.01.2023 IN WP(C) 21394/2022
                     OF HIGH COURT OF KERALA
APPELLANT/2nd RESPONDENT:

           HAMEEDA BASHEER, AGED 67 YEARS, W/O.BASHEER,
           RESIDING AT VILAYIL ROSE VILLA,
           ADIKATTUKULANAGARA P.O., ALAPPUZHA, PIN - 690
           504

           BY ADV R.RAJASEKHARAN PILLAI



RESPONDENTS/PETITIONER AND 1st RESPONDENT IN WPC:

    1      SAJEEV T S, S/O.SHEIK MAITHEEN RAVUTHER,
           THETTIKUZHIYIL, ADIKATTUKULANAGARA P.O.
           NOORANADU, PIN - 690 504

    2      THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT
           OF MINING AND GEOLOGY, ADOOR, PATHANAMTHITTA
           DISTRICT, PIN - 691 523

           BY ADV VINOY VARGHESE KALLUMOOTTILL

           ADV. B UNNIKRISHNA KAIMAL SR GP




        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.03.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WA NO. 444 OF 2023

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                 J U D G M E N T

A. Muhamed Mustaque, J

The dispute between the parties falls on a

narrow compass. The appellant is the owner of

the land comprised in Re.Sy.No.168/3 of Pallickal

Village, Adoor Taluk, Pathananthitta. The

registration and dealer's licence were issued to

the first respondent herein namely, Sajeev T.s.

under the Kerala Minerals (Prevention of Illegal

Mining, Storage and Transportation) Rules, 2015

(for short "Rules"). There appears to have an

agreement between the appellant and the first

respondent initially, and based on that, the

registration and dealer's licence were issued.

The dealer's licence issued has been renewed

annually. The appellant has a case that when the

first respondent obtained dealer's licence on

11.04.2022, no consent letter has been issued to

the first respondent by her and the consent

letter produced before the authority was a forged WA NO. 444 OF 2023

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one.

2. The learned senior counsel for the first

respondent submits that consent was obtained in

the year 2020 and acting upon the consent letter,

renewal of dealer's licence was granted from time

to time.

3. Acting upon the complaint of the

appellant, the District Geologist, Pathanamthitta

initiated proceedings and passed an order on

8.06.2022 cancelling the registration and

dealer's licence. This was challenged before the

learned Single Judge.

4. The learned Single Judge heard the

matter and allowed the writ petition quashing the

impugned order cancelling the registration as

well as the dealer's licence. The land owner has

come up with this appeal.

5. Heard the learned senior counsel Sri.R

Rajasekharan Pillai appearing for the appellant

and the learned senior counsel Sri.S Sreekumar WA NO. 444 OF 2023

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appearing for the first respondent.

6. According to the learned counsel for the

appellant, as provided under Rule 27 of the

Rules, the first respondent had an appellate

remedy and without invoking the appellate remedy,

he straight away approached this Court. It is

further submitted that factual appreciation is

required in this matter. Therefore, this Court

ought not have entertained this writ petition.

7. The learned senior counsel appearing for

the first respondent submits that no such

contention has been raised by the appellant

before the learned Single Judge in regard to the

alternative remedy and also submits that the

cancellation itself is illegal on the face of the

order inasmuch as that the power of cancellation

is only referable under Rule 20 of the Rules. It

is further submitted that power of cancellation

can be invoked by the Geologist only when he

satisfied that conditions in the dealer's licence WA NO. 444 OF 2023

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have been violated.

8. Apparently, the Geologist canceled the

registration and dealer's licence noting that the

appellant was not willing to extend the validity

of the consent. If there exists a ground not to

grant any licence on same reason, the Geologist

can also invoke his power to cancel a licence.

It is true that as rightly pointed out by the

learned senior counsel for the first respondent,

Rule 20 of the Rules refers to cancellation only

when there are violation of conditions in the

dealer's licence. But it does not mean that for

any reason the original grant of licence is

vitiated, the Geologist has no power to cancel

it.

9. As pointed out by the learned senior

counsel for the appellant, this matter requires

appreciation of facts by adverting to the

documents and materials. In such circumstances,

we are of the view that the proper remedy of the WA NO. 444 OF 2023

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first respondent is to approach the Appellate

Authority, Deputy Secretary to Government,

Industries Department. If that be so, the first

respondent shall move the Appellate Authority

within a period of ten days from today. The

Appellate Authority shall dispose of this matter

within a further period of one month thereon,

after hearing both sides.

10. Till the Appellate Authority takes a

decision in this matter, no coercive steps shall

be taken on the basis of Ext.P5 as against the

first respondent. The impugned judgment is,

accordingly, modified. The Appellate Authority

shall also communicate the order to the parties

without any delay.

This writ appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE PR WA NO. 444 OF 2023

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APPENDIX OF WA 444/2023

PETITIONER ANNEXURES

Annexure-I TRUE COPY OF THE RENT DATED 20.3.2020 EXECUTED BETWEEN THE APEPLLANT AND ANEESH

Annexure-II TRUE COPY OF THE RENT DATED 20.3.2021 EXECUTED BETWEEN THE APEPLLANT AND ANEESH

Annexure-III TRUE COPY OF THE LETTER DATED 29.1.2023 FROM THE ADDL.CHIEF SECRETARY TO THE STATE POLICE CHIEF