United Sand vs The District Geologist
2023 Latest Caselaw 11450 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                         WP(C) NO. 25883 OF 2023
PETITIONER:

              UNITED SAND
              AGED 60 YEARS
              HAVING ITS OFFICE AT KORANGAD, THAMARASSERY, KOZHIKODE
              DISTRICT REPRESENTED BY ITS MANAGING PARTNER, MUHAMMED
              ABDUL SAMAD, SON OF ABOOBACKER HAJI, NIHMATH, KORANGAD,
              RAROTH, THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573
              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ


RESPONDENTS:

     1        THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY, WAYANAD RD,
              ERANHIPALAM, MALABAR HOSPITAL, CIVIL STATION,
              PALATTUTHAZHAM, KOZHIKODE, PIN - 673020
     2        THE DIRECTOR OF MINING AND GEOLOGY
              OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
              PATTAM, THIRUVANANTHAPURAM, PIN - 695001
     3        THE TAHASILDAR
              TALUK OFFICE, THAMARASSERY TALUK, KOZHIKKODE DISTRICT,
              PIN - 673573
     4        THE VILLAGE OFFICER
              KEDAVOOR VILLAGE, KOZHIKKODE DISTRICT, PIN - 673573
     5        THE THAHASILDAR (LR)
              THAMARASSERY TALUK, KOZHIKKODE DISTRICT, PIN - 673573
              SMT. DEEPA NARAYANAN - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(c) . No. 25883 OF 2023

                                  2

                              JUDGMENT

The petitioner is an M-sand unit which is functioning

in the property comprised in Sy. No. 2/1-B of Kedavoor

Village, Thamarassery Taluk. The petitioner has been

issued with Exts. P1 and P2 dealers license upto

01.06.2022. The petitioner has been issued with Ext. P3

permission for storing and selling minerals. Ext. P4 is the

integrated consent to operate issued by the Pollution

Control Board. Ext. P5 is the D&O license issued by the

concerned Panchayat. The petitioner submitted an

application for renewal of Exts. P2 dealers license and P3

permit before the 1st respondent evidence by Ext. P6

receipt. The grievance of the petitioner is that the

application of the petitioner for renewal of Exts. P2 and

P3 permits are not so far considered by the 1 st

respondent. The petitioner also submits that, in the light W.P.(c) . No. 25883 OF 2023

of Exts. P9 and P10 judgments, the petitioner is entitled

for renewal of Exts. P2 and P3 permits.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

In the facts and circumstances of the case, there

will be a direction to the 1st respondent to consider the

application of the petitioner for renewal of Ext. P2 and

P3, evidenced by Ext. P6 receipt, as expeditiously as

possible, at any rate, within a period of six weeks from

the date of receipt of a certified copy of this judgment.

The petitioner shall produce a copy of this writ petition

along with a certified copy of the judgment before the 1 st

respondent.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bnu W.P.(c) . No. 25883 OF 2023

APPENDIX PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE DEALERS LICENSE DATED 27.3.2015 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE LAST DEALERS LICENSE DATED 1.6.2022 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR STOCKING, SELLING AND/OR PROCESSING MINERALS DATED 1.6.2022 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF INTEGRATED CONSENT TO OPERATE RENEWAL DATED 30.5.2020 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P5 TRUE COPY OF THE D&O LICENCE ISSUED BY THE THAMARASSERY GRAMA PANCHAYATH TO THE PETITIONER DATED 1.4.2023 Exhibit P6 TRUE COPY OF THE E-CHALAN DATED 05.06.2023 ISSUED BY THE FIRST RESPONDENT TOWARDS RECEIPT OF APPLICATION FEE Exhibit P7 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31.5.2023 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER DATED 3.5.2023 Exhibit P9 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED 5.3.2021 IN WPC NO.16760 OF 2020 WHICH IS REPORTED AS KINALOOR ROCK VS. STATE OF KERALA 2021 (2) KLT 351 Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 3.3.2023 IN W.A.NO.433/2023 WHICH IS REPORTED AS DISTRICT COLLECTOR VS. SAJITH LAL 2023 KLT ONLINE 1225