IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 24447 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. BABU THOMAS AGED 44 YEARS S/O.P.J.THOMAS PLAKKITHOTTIYIL HOUSE, ETTUMANUR (P.O.) ETTUMANOOR (P.O.) KOTTAYAM DISTRICT. 2. DILEEP SEBASTIAN S/O.P.J.SEBASTIAN PARAKKAL HOUSE MOONILAVU P.O., ERATTUPETTA KOTTAYAM DISTRICT. 3. MRS.LISSY JOSEPH ANATHIL HOUSE PATTITHANAM P.O. KOTTAYAM DISTRICT. 4. GIJO JOHN PALAKKALODY HOUSE PAKALOMATTOM P.O. KURUVILANGADU, KOTTAYAM DISTRICT. 5. SANTHOSH V.T. VANDANATHARA HOUSE PUNNATHURA EAST (P.O.) KOTTAYAM DIST. 6. K.B.BABY, AGED 40 YEARS S/O.BHASKARAN, KUMMAMPALLY HOUSE PADINJAREKKARA P.O., VAIKOM KOTTAYAM DIST. BY ADV. SRI.JOBI JOSE KONDODY WPC 24447/2009 RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE GEOLOGIST MINING AND GEOLOGY DISTRICT OFFICE CIVIL STATION, COLLECTORATE P.O. KOTTAYAM-2. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------------------------- W.P.(C).No.24447 of 2009 --------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT The petitioners are the licensees entitled to stock and sell different quantities of ordinary sand under Rule 48C of the Kerala Minor Mineral Concession Rules, 1967. Exts.P1 to P6 are the said licenses. They are aggrieved by Ext.P7 orders issued by the second respondent suspending their licenses, allegedly as directed by the District Collector. The petitioners have filed this writ petition challenging Ext.P7 orders. 2. Ext.P7 series are identically worded. They refer to unauthorised mining of sand, in different parts in Kottayam- Vaikom Taluks, by several persons, with the active aid and help of the officials of the Revenue-Police-Geology Department. 3. Learned counsel for the petitioners submits that the order is bad for several reasons and one of them is that it violates the principles of natural justice. Counsel for the petitioners refers to the judgment of this Court in writ petition No.27012 of 2004 in this regard. 4. It would be open to the licensing authority to suspend WPC 24447/2009 2 any license of quarrying permit, if there is a violation or non observances of the conditions of the license or permit. This is especially so in a case involving removal of sand which is a very sensitive issue. But, the orders in the nature of Ext.P7 shall be passed only after notice to the licensees. That has not been done. Accordingly, Ext.P7 series are set aside. 5. The District Collector is entitled to take further steps, in the matter of licenses issued to the petitioners under the Kerala Minor Mineral Concession Rules as also to any other dealer who operates in the same area, after notice to the licensees. It was further made clear that the judgment need not be treated by the respondents as an expression of opinion by this Court on the propriety or the desirability of the action proposed by them. They shall see that the licensees under the Minor Mineral Concession Rules operate strictly in accordance with law and will also see that there is no unauthorised sand stocking or sale of any minor mineral in the area within this jurisdiction. The writ petition is disposed of as above. V.GIRI, JUDGE csl