IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 21285 of 2008(H) ----------------------------------------- PETITIONER(S): -------------------------- SAJI.M.MATHEW, MUTHILAKATTIL, ARAYANKAVU P.O., KOLLAM. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY. 2. THE DIRECTOR , DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 3. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KOLLAM. 4. THE TAHSILDAR, PATHANAPURAM. 5. THE VILLAGE OFFICER, KOLLAM. GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21285/2008 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TAX RECEIPT DTD. 10/08/2006. EXT.P2: COPY OF THE CERTIFICATE OF REGISTRATION UNDR 'SECTION 16 OF THE KERALA VALUE ADDED TAX ACT, 2003' DTD. 27/05/2008. EXT.P3: COPY OF THE CERTIFICATE OF REGISTRATION UNDER 'CENTRAL SALES TAX (REGISTRATION AND TURNOVER) RULES, 1957' DTD. 27/05/2008. EXT.P4: COPY OF THE APPLICATION DTD. 20/06/2008. EXT.P5: COPY OF THE REPORT ISSUED BY THE ARAYANKAVU VILLAGE OFFICER TO TALUK OFFICE. EXT.P6: COPY OF THE APPLICATION FOR DEALER'S LICENSE DTD. 23/06/2008. EXT.P7: COPY OF THE DEMAND DRAFT 21/06/2008 ISSUED BY THE SBT THENMALA BRANCH. EXT.P8: COPY OF THE LOCATION SKETCH. EXT.P9: COPY OF THE CONSENT LETTER DTD. 21/06/2008. EXT.P10: COPY OF THE JUDGMENT DTD. 20/02/2008 IN WP9C) NO.3656 OF 2008 (1) OF HONOURABLE HIGH COURT OF KERALA. EXT.P11: COPY OF THE JUDGMENT DTD. 3/04/2008 IN WP(C) NO. 9597 OF 2008(P) OF HONOURABLE HIGH COURT OF KERALA. EXT.P12: COPY OF THE JUDGMENT DTD. 11/07/2008 IN RP.NO.554 OF 2008 AGAINST THE JUDGMENT IN WP(C) NO.3656/2008 OF HONOURABLE HIGH COURT OF KERALA. EXT.P13: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE COMMERCIAL TAXES OFFICER, SENGOTTAI, TAMIL NADU, DTD. 19/08/2008. Kss ..2/- ...2...... WPC.N.21285/2008 H EXT.P14: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE COMMERCIAL TAXES OFFICER, SENGOTTAI, TAMIL NADU, CST.NO.526881 DTD. 19/08/2008. EXT.P15: COPY OF THE DEALER'S LICENCE ISSUED BY THE 2ND RESPONDENT DTD. 15/10/2007. EXT.P16: COPY OF THE ORDER NO.33/2008/09/DOQ/S1/3070/08 DTD. 29/08/2008 ISUED BY THE GEOLOGIST, KOLLAM. EXT.P17: COPY OF THE COVERING LETTER DTD. 29/08/2008 ISSUED BY THE GEOLOGIST, KOLLAM. EXT.P18: COPY OF THE APPEAL, DTD. 25/09/2008 SUBMITTED BEFORE THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBIT: EXT.R3(A): COPY OF ORDER ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss V. GIRI, J. ------------------------------- WP(C).NO. 21285 of 2008 --------------------------------- Dated this the 30th day of October, 2008 JUDGMENT The writ petition has been filed seeking a direction to respondents 4 and 5 to issue possession certificate and location sketch to the petitioner regarding his property and also for a direction to respondents 2 and 3 to issue him a dealer's licence to enable him to carry on the trade of sand stated to be purchased from Tamil Nadu. During the pendency of the writ petition, the competent authority rejected the petitioner's application as per Ext.P16. This has been challenged by the petitioner by way of statutory appeal before the Director of Mining and Geology, Thiruvananthapuram. 2. I heard learned Government Pleader also. 3. In the result, the writ petition is disposed of directing the second respondent to consider Ext.P18 and take a decision thereon, within a period of two months from the date of receipt of a copy of this judgment. 4. Learned counsel for the petitioner submits that similar WPC.21285 /2008 2 issues have been considered by this court in Exts.P10 to P12 judgments. The petitioner may bring these judgments to the notice of the appellate authority and the appellate authority will consider the same while taking a decision in Ext.P18 appeal. V. GIRI, JUDGE. pmn/ WPC.21285 /2008 3