IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28735 of 2009(J) ---------------------------------------- PETITIONER(S): -------------------------- 1. BIJU T.M., AGED 35, S/O.MADHAVAN, THANNIYIL HOUSE, PADINJAREKKARA P.O., VALLAKOM, VAIKOM. 2. P.K.JAYAKUMAR, AGED 48, S/O.KRISHNAN, POOTHARAYIL HOUSE, PADINJAREKKARA P.O., VALLAKAM, VAIKOM. 3. M.I.KURIAKOSE, AGED 58 YEARS, S/O.ISSAC, NARIKUZHIYIL HOUSE, VADAKARA P.O., THALAYOLAPARAMBU. BY ADV. MR.BABU PAUL RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, COLLECTORATE PO, KOTTAYAM-2. R1 & R2 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.28735 of 2009 - J ---------------------------------------- Dated 13th October, 2009 Judgment Heard Sri.Babu Paul, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioners are dealers in ordinary sand. Exts.P1 to P3 are the dealers' licences issued to them by the Geologist of Kottayam district. By Exts.P4 to P6 orders dated 18.8.2009 which are impugned in this writ petition, the Geologist of Kottayam district suspended the operation of Exts.P1 to P3 licences. The petitioners challenge Exts.P4 to P6 on the ground that before it was passed, they were not put on notice or heard. The petitioners also submit that what was prohibited by the District Collector was only mining of sand and not the sale of sand already mined and collected and therefore on the merits also, the orders are liable to be set aside. W.P.(C) No.28735/2009 2 3. Sri.P.N. Santhosh, the learned Government Pleader appearing for the respondents does not dispute the fact that the petitioners were not put on notice or heard before Exts.P1 to P3 licences were suspended. It is submitted that the District Collector and the officers of Mining and Geology Department, Kottayam intended only to stop unauthorized quarrying and mining of sand. In the light of the admitted fact that before Exts.P4 to P6 orders were passed, suspending the operation of the licences issued to the petitioners, the petitioners were not put on notice or heard, I am of the opinion that Exts.P4 to P6 cannot be sustained. The orders do not also set out on the ground on which the dealers' licences issued to the petitioners is liable to be cancelled. Further, a reading of Exts.P4 to P6 indicates that the District Collector had only directed that quarrying of sand should be stopped. In such circumstances, I allow this writ petition, quash Exts.P4 to P6 and hold that the petitioners are entitled to continue to operate Exts.P1 to P3 licences in accordance with the terms and conditions stipulated therein. I W.P.(C) No.28735/2009 3 make it clear that nothing contained in this judgment will stand in the way of the respondents from proceeding against the petitioners in accordance with law, if grounds exist for suspending or cancelling the dealers' licences issued to them. P.N.RAVINDRAN Judge vaa