IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 OP.No. 5898 of 1999(B) ---------------------- PETITIONER: ------------ M.C.MOHAMMED KUNHI, S/O.MOIDEEN KUNHI, AGED 59 YEARS, RESIDING AT MUNDOL IN THEKKIL VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: ------------- 1. THE DIRECTOR, MINING & GEOLOGY, THIRUVANANTHAPURAM. 2. THE SENIOR GEOLOGIST, DEPT. OF MINING & GEOLOGY, DISTRICT OFFICE, KASARAGOD. 3. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/02/2008, ALONG WITH OP NO. 11299 OF 2000 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 5898/1999 ORDER ON CMP NO.10036/99 IN O.P.NO. 5898/1999. DISMISSED. SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) 26/02/2008 SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LETTER ISSUED TO THE 1ST RESPONDENT. P2 : COPY OF THE REQUEST ISSUED TO THE 2ND RESPONDENT. P3 : COPY OF the LETTER ISSUED BY THE 2ND RESPONDENT DATED 29/06/98. P3(a) : COPY OF THE DEALERS LICENCE NO.17/MM/GS/DOK/1481/98-99 DATED 29/06/98. P4 : COPY OF LETTER P5 : COPY OF THE PAPER PUBLICATION, JANMADESAM DATED 25/01/99. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ------------------------- O.P. Nos. 5898 of 1999 & 11299 of 2000 --------------------------------- Dated, this the 26th day of February, 2008 J U D G M E N T C.N.Ramachandran Nair, J. Both petitioners are engaged in purchase of stone boulders, crushing the same and selling it as stone chips (popularly known as metal). Both petitioners have not taken dealers licence in terms of Rule 48A of the Miner Mineral Concession Rules prescribed by the State Government. While one petitioner is facing prosecution under Rule 58 of the above Rules, the other petitioner wants mining permit / licence. We do not think the contentions of the petitioners can be accepted for the reason that Rule 48A prescribes licence to a dealer. There is no challenge against the validity of the Rule, which is prescribed by the Government in exercise of powers under Section 15 of the Mines & Minerals (Development & Regulation) Act 1957. Since no provision of the Statute or Rule is under challenge, it is for the petitioners to approach the Magistrate Court for discharge or file petition for quashing the complaint or face Trial. O.P.NO. Nos.5898/99 & 11299/2000 -2- These original petitions are, accordingly, closed leaving freedom to the respondents to take appropriate action for violation of Rules. (C.N.RAMACHANDRAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) jg