IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 29729 of 2011(M) ---------------------------------------- PETITIONER(S): ------------------------ A.M. UMMERKUNHI, 44 YEARS, S/O.MOOSA BEARY, ANEKKAL HOUSE, ANEKKAL POST, KASARAGOD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENT(S): ------------------------- THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KASARAGOD-671 121. BY GOVT. PLEADER MR.MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 29729 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTO COPY OF THE LICENCE ISSUED BY THE RESPONDENT DTD. 24.3.10. EXT.P2 : PHOTO COPY OF THE ENDORSEMENT MADE BY THE RESPONDENT IN THE RELEVANT PAGES OF THE REGISTER MAINTAINED BY THE PETITIONER DTD. 6.4.2011. EXT.P3 : PHOTO COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENT DTD. 1.4.2011. EXT.P4 : PHOTO COPY OF JUDGMENT IN WPC NO.19805/2011 DTD. 21.7.2011. EXT.P5 : PHOTO COPY OF THE ORDER DTD. 8.8.2011 PASSED BY THE RESPONDENT AND THE LICENCE ISSUED. EXT.P6 : PHOTO COPY OF FORM P DTD. 15.8.2011. EXT.P7 : PHOTO COPY OF FORM P DTD. 15.8.2011. EXT.P8 : PHOTO COPY OF FORM P DTD. 16.8.2011. EXT.P9 : PHOTO COPY OF FORM P DTD. 19.8.2011. EXT.P10: PHOTO COPY OF THE PETITION FILED BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J .......................................... W.P.(C). 29729/2011 .......................................... Dated this the 17th day of November, 2011 JUDGMENT The grievance of the petitioner is that he was issued licence under the KMMC Rules for storing a total quantity of 2000 Metric tonnes of ordinary sand. According to him, on the strength of the said licence, he stored the quantity and utilising the 'P' Form issued, he has sold 381 Metric tonnes. It is his case that for selling the balance quantity, he approached the respondent for issuing 'P' Form and that the same was not issued. It is aggrieved thereby, the writ petition is filed seeking appropriate orders in the matter. 2. The learned Government Pleader has obtained instructions and it is submitted that a dealer like the petitioner is required to file a statement in Form 'O' as per Rule 48(g) of the KMMC Rules showing the details of purchase and sale of ordinary sand. It is stated that the petitioner has not filed the said statement for concerning the months of August and September, 2011 W.P.(C).29729/11 2 and that, it was therefore, the request of the petitioner for issuing further 'P' Forms could not be considered. 3. If a dealer like the petitioner has not complied with the statutory requirements as pointed out by the learned Government Pleader, this Court will not be justified in finding fault with the respondent, on the ground that 'P' Forms were not issued. 4. In the above view of the matter, I dispose of this writ petition leaving it open to the petitioner to file a statement in Form 'O' concerning the months of August and September, 2011, once the forms are so filed and if it meets satisfactory requirements, it is directed that there upon, the request of the petitioner for issuance of 'P' Forms for the balance quantity available with him, shall be considered and orders thereon shall be passed as expeditiously as possible. ANTONY DOMINIC, Judge mrcs