IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 16208 of 2010(A) -------------------------- 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 RESPONDENT(S): --------------- 1. KONNI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY KONNI, PATHANAMTHITTA DISTRICT. 2. THE PANCHAYAT COMMITTEE OF KONNI GRAMA PANCHAYAT REPRESENTED BY ITS PRESIDENT KONNI, PATHANAMTHITTA DISTRICT. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 4. THE SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, REVENUE TOWER, ADOOR, PATHANAMTHITTA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C) No.16208 of 2010 --------------------------------- Dated this the 27th day of May, 2010 JUDGMENT The petitioner is a dealer in river sand, metal, bricks, etc. The petitioner has obtained licence from the Konni Grama Panchayat as per Exhibit P1 in the matter. The petitioner had been bringing sand from Tamil Nadu, etc. after getting registration under VAT Rules. Later, the petitioner was communicated with an order as per Exhibit P4 stating that the matter is regulated by the provisions of the Kerala Protection of River Bank and Regulation of Removal of Sand Act, 2001. It was mentioned therein that he has not obtained sanction of the Committee headed by the District Collector. Accordingly, the licence of the petitioner was cancelled. It was challenged by the petitioner before the Tribunal for Local Self Government by filing an appeal, as directed by this Court in W.P.(C)No.19021/09. The appeal was disposed of as per Exhibit P6, wherein the petitioner was directed to file an appeal before the Panchayat Committee. Exhibit P7 is the consequential order passed by the W.P.(C)No.16208/10 -2- Panchayat Committee stating that he will have to move the District Collector for appropriate sanction. Accordingly, the petitioner has filed an application before the District Collector as per Exhibit P8. Exhibit P8(2) is the acknowledgment showing the receipt of the same by the District Collector. 2. In the light of the above, there will be a direction to the 3rd respondent to take a decision on Exhibit P8 within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn