IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 21990 of 2010(W) -------------------------- PETITIONER: -------------------- BABU.T.K., S/O.KUNJACHAN, THAKKIDIMANNIL, MANGARAM, KONNI P.O., PATHANAMTHITTA. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA RESPONDENTS: ---------------------- 1. KONNI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KONNI, PATHANAMTHITTA DISTRICT-689 691. 2. THE PANCHAYAT COMMITTEE OF KONNI GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT KONNI, PATHANAMTHITTA DISTRICT-689 691. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA-689 645. 4. THE SENIOR GEOLOGIST MINING & GEOLOGY DEPARTMENT, REVENUE TOWER, ADOOR, PATHANAMTHITTA-689 590. 5. TAHSILDAR, KOZHENCHERRY-689 641. ADV. SRI.SIBY MATHEW FOR R1 SRI.M.MATHEW FOR R1 SRI.PHILIP J.VETTICKATTU FOR R1 SRI.B.PREMNATH (E) FOR R1 GOVERNMENT PLEADER SRI.A.J.VARGHESE FOR R-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 21990 of 2010 A P P E N D I X PETITIONER'S EXHIBITS:- P1: COPY OF THE LICENSE DATED 3.6.2009 ISSUED BY KONNI GRAMA PANCHAYATH TO THE PETITIONER P2: COPY OF THE INTERIM ORDER IN W.P(C) NO.19021 OF 2009 OF THIS HON'BLE COURT P3: COPY OF THE RECEIPT ISSUED UNDER THE KVAT RULES, 2005 DATED 1.7.2009 P4: COPY OF THE ORDER NO.A2.5321/2009 DATED 7.9.2009 ISSUED BY THE PANCHAYAT P5: COPY OF THE JUDGMENT DATED 13.11.2009 IN W.P(C)NO.29478/2009 OF THIS HON'BLE COURT P6: COPY OF THE JUDGMENT IN APPEAL NO.1035/2009 ON THE FILE OF THE TRIBUNAL FOR LSG INSTITUTIONS P7: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 11.5.2010 P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTA ON 13.5.2010 P9: COPY OF THE JUDGMENT DATED 27.05.2010 IN W.P(C)NO.16208/2010 OF THIS HON'BLE COURT P10: COPY OF THE NOTICE DATED 31.5.2010 ISSUED BY THE 5TH RESPONDENT P11: COPY OF THE STATEMENT FILED BY THE PETITINER BEFORE THE 5TH RESPONDENT ON 7.6.2010 P11(a):COPY OF THE STATEMENT FILED BY THE SISTER-IN-LAW OF THE PETITIONER BEFORE THE 5TH RRESPONDENT ON 7.6.2010 P12: COPY OF THE SECOND SALE OF FILTERED SAND DELIVERY NOTE WHICH REFERS TO LICENCE NO.20/09-10 WITH CASH RECEIPT 10.04.2010 P12(a): COPY OF THE INVOICE NO.793 DATED 9.7.2010 ISSUED BY M/S.A & K EARTH MOVERS P13: COPY OF THE PASS DATED 24.05.2010 ISSUED BY THE 4TH RESPONDENT P13(a): COPY OF THE PASS DATED 25.05.2010 ISSUED BY THE 4TH RESPONDENT WP(C).No. 21990 of 2010 P13(b): COPY OF THE PASS DATED 25.05.2010 ISSUED BY THE 4TH RESPONDENT P13(c): COPY OF THE PASS DATED 26.05.2010 ISSUED BY THE 4TH RESPONDENT P14: COPY OF THE ORDER NO.C.8.30626/10 DATED 30.06.2010 ISSUED BY THE 3RD RESPONDENT P15: COPY OF THE LETTER DATED 7.7.2010 OF THE 3RD RESPONDENT OBTAINED BY THE PETITIONER P16: COPY OF THE NOTICE DATED 13.7.2010 ISSUED BY THE 1ST RESPONDENT P17: COPY OF THE JUDGMENT DATED 31.01.2006 IN W.P(C) NO.1445/2006 P18: COPY OF THE APPLICATION WITH RELEVANT DOCUMENTS P19: COPY OF THE COMMUNICATION DATED 29.9.2010 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT RESPONDENTS' EXHIBITS:- R2(a): COPY OF JUDGMENT DATED 20.7.2010 IN W.P(C) NO.16392/2010 R2(b): COPY OF THE MAHAZAR DATED 27.5.2010 BY THE VILLAGE OFFICER //TRUE COPY// P.A. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.21990 of 2010 ---------------------------- Dated 21st February, 2011 JUDGMENT The petitioner who is the proprietor of M/s.T.K.Merlin Agencies, Konni has filed this writ petition mainly challenging Exts.P7, P10 and P14 and for consequential reliefs. After institution of this writ petition the petitioner has applied for a dealers licence as provided under Rule 48-B of the Kerala Minor Mineral Concession Rules before the fourth respondent on 22.9.2010. It is submitted that the requisite fee was also remitted. Ext.P18 is the application submitted for dealers licence. When this matter is taken up for consideration today, the learned counsel for the petitioner submitted that the petitioner may be permitted to confine his prayers to one for a direction to consider and pass orders on Ext.P18 in accordance with law. In view of the said submission, without making any observation as to the merits of the contentions raised in this writ petition and also the entitlement of the petitioner for licence based on Ext.P18, this writ petition is disposed of with a direction to the fourth respondent to consider and pass orders on Ext.P18, in accordance with law. This shall be done expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment with notice to the petitioner and also the first respondent Panchayat. At the time of WP(C).No.21990/2010 2 admission, this Court passed an interim order on 14.7.2010 permitting the petitioner to keep the sand mentioned in Ext.P10 under his safe custody till further orders are passed, with a further direction that it shall not be transferred to the premises of the Nirmithi Kendra. In view of the fact that the said order was extended from time to time and it is still in force, it is ordered that the said interim order dated 14.7.2010 will continue to be in force till orders are passed on Ext.P18. C.T.RAVIKUMAR Judge TKS