IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 10796 of 2011(Y) -------------------------- PETITIONERS: --------------- 1. PUSHPARAJ M.S., AGED 36 YEARS, S/O.SUGUNAN, MAPPILAKUDIYIL HOUSE, NERIYAMANGALAM (PO), AVOLICHAL, ERNAKULAM DISTRICT. 2. M.K.SUKUMARAN, AGED 48 YEARS, MADATHIKUDIYIL HOUSE, NERIYAMANGALAM (PO), ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT: --------------- THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THODUPUZHA, IDUKKI DISTRICT - 685101. BY SR. GOVERNMENT PLEADER ADV. MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) NO. 10796 OF 2011 ......................................................................... Dated this the 3rd June , 2011 J U D G M E N T The petitioners are dealers having licences to stock and sell sand manufactured out of weathered rock and also ordinary sand as borne by Exts.P1 and P2 respectively. The said licences hav been issued by the concerned respondent under Rule 48 C of the Kerala Minor Mineral Concessions Rules, 1967. It is the case of the petitioners that they have been maintaining statutory registers as contemplated under Rule 48F of the Kerala Minor Mineral Concession Rules, 1967, which in fact have been verified by the statutory authorities as borne by the sign and seal on Exts. P3 and P4. It is also stated that the petitioners have not so far violated any of the provisions of law and no case has been registered against them so far. The request made by the petitioners to issue 'cash memoranda', so as to enable them to sell the sand at their yard, is still to be acted upon by the respondent, which made them to approach this Court seeking for appropriate reliefs. 2. The matter came up for consideration on 04.04.2011 and thereafter on 11.04.2011 and 30.05.2011 as well. Heard the W.P.(C) NO. 10796 OF 2011 2 learned Government Pleader as well. 3. Considering the materials on record, this Court finds that there is no point in delaying the matter further, in so long as the petitioners are having valid licenses as borne by Exts.P1 and P2 and are maintaining statutory registers as borne by Exts. P3 and P4. In the said circumstance, the respondent is directed to issue 'cash memoranda' in form 'P' as stipulated in Rule 48K of the Kerala Minor Mineral Concession Rules as sought for. It is made clear that this will not stand in the way of the respondent in proceeding against the petitioners in accordance with law, if the petitioners have not complied with the statutory requirement in any manner or if there is any violation is this regard. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk