IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 14443 of 2011(E) --------------------------------- PETITIONER(S): ------------------- 1. SIVAKUMAR, AGED 44, S/O.THANKAPPAN, EDAPPARAMBIL HOUSE, KARIPPADAM P.O., VAIKOM. 2. IBRAHIM T.V., AGED 49, S/O.BEERAKKUTTY, THEKKINETHU, VAZHAKKULAM, PERUMBAVOOR. BY ADV. SRI.BABU PAUL RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM - 2. R1 & R2 BY GOVT.PLEADER SANGEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC 14443 OF 2011 APPENDIX PETIIONER EXHIBITS: P1: COPY OF APPLICATIO FOR LICENCE SUBMITTED BY 1 ST PETITIONER DATED 2011. P2: COPY OF APPLICATIO FOR LICENCE SUBMITTED BY 2 ND PETITIONER DATED 20/4/2011 P3: COPY OF ORDER DATED 5/5/11 ISSUED TO THE 1 ST PETITIONER P4: COPY OF ORDER DATED 5/5/11 ISSUED TO THE 2 ND PETITIOER RESPONDENTS EXHIBITS: NIL \\TRUE COPY\\ PA TO JUDGE JM ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 14443 OF 2011 ----------------------------------------------------- Dated this the 3rd day of December, 2011 J U D G M E N T Petitioners made applications for dealer's license under Kerala Minor Mineral Concession Rules. Their applications have been rejected by Exts.P3 and P4 orders stating that though the sites offered by the petitioners were suitable for granting of dealer's license, as there is extensive sand mining is going on in that area, it is necessary to discourage further sand mining and therefore the license cannot be granted. 2. In my view the rejection of applications for dealer's license made by the petitioners is on extraneous grounds. Extensive sand mining and the necessity to discourage such activities, though cannot be disputed, such considerations can have relevance only when an application for quarrying permit is made. On the other hand, an application is made for dealer's license to store W.P.(C) No. 14443 OF 2011 :2 : sand quarried on the strength of quarrying permits, these considerations are irrelevant. Therefore Exts.P3 and P4 orders cannot be sustained. These orders are quashed and the 2nd respondent is directed to reconsider the applications made by the petitioners and pass orders thereon. 3. This the 2nd respondent shall do as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge