IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 8526 of 2009(I) ------------------------- PETITIONER(S): --------------- P.V.JOHNSON,S/O.VAREETH,AGED 35 YEARS, BUSINESS,PUTHENVEETTIL HOUSE, KONDOOR P.O.,ALAMATTOM,MALA, THRISSUR DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF THE MINING AND GEOLOGY, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE,THRISSUR. 4. THE DISTRICT COLLECTOR, COLLECTORATE,THRISSUR. 5. THE JOINT DIRECTOR, DEPARTMENT OF AGRICULTURE, TRICHUR. 6. GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,THRISSUR. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.8526 OF 2009 ------------------------ Dated this the Ist day of April, 2009. JUDGMENT Petitioner submits that he made an application for dealer's licence under the Kerala Minor Mineral Concession Rules 1969. According to the petitioner, though the 2nd respondent is the authority in this behalf, orders have not been passed for the reason that by Ext.P3, the 4th respondent has imposed a condition that an inspection and NOC as contemplated therein is required for issuance of the dealer's licence. Contention of the petitioner is so long as such a condition is not incorporated in the Kerala Minor Mineral Concession Rule, the condition as imposed in Ext.P3 is irregular. 2. I heard the counsel for the petitioner and also the Government Pleader. Issuance of dealer's licence is to be decided in accordance with the provisions contained in the WP(c).No.8526/09 2 Kerala Minor Mineral Concession Rules 1967 and such other statutory provisos which governs the same. Obviously by a executive order in the nature of Ext.P3 the request for the licence cannot be denied. Therefore the writ petition is disposed of directing that the 2nd respondent shall consider the application made by the petitioner ignoring Exct.P3 and in the light of the provisions contained in the Kerala Minor Mineral concession Rules 1967 and other relevant statutory provisions. Petitioner may produce a copy f the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.8526/09 3