IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WA.No. 2615 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.27894/2009 Dated 28/10/2009 .................... APPELLANTS/RESPONDENTS 1 TO 4 IN THE WPC: ------------------------------------------------------ 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 3. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR. 4. THE VILLAGE OFFICER, KILLANNOR VILLAGE OFFICE, THRISSUR TALUK, THRISSUR. 5. SRI.GEEVAR, VILLAGE OFFICER, KILLANNOOR VILLAGE OFFDICE, THRISSUR TALUK, THRISSUR. BY SENIOR GOVERNMENT PLEADER, SRI.BENJAMIN PAUL RESPONDENT/PETITIONER IN WPC: --------------------------------------- STANLY S. ALUKKAL, ALUKKAL HOUSE, CHENGAL, KALADY P.O., ERNAKULAM DISTRICT. ADV. SRI.ELVIN PETER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2615 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of December, 2009 JUDGMENT A.K. Basheer, J. The District Collector and his subordinate revenue officials are the appellants in this Writ Appeal which is directed against the judgment passed by the learned Single Judge in WP(C) No.27894 of 2009. 2. The Writ Petition was filed by the respondent herein praying for issue of a writ of certiorari to quash Ext.P4 mahazar prepared by appellant No.4 and also for issue of a writ in the nature of mandamus or such other appropriate writ or direction to the Geologist to verify and ascertain whether the sand that was confiscated from the licensed premises of the respondent is ordinary sand or river sand. 3. According to the respondent, he had been granted Ext.P3 licence to stock and sell ordinary sand, as provided under the Kerala Minor Minerals Concession Rules, 1967. However, it appears that the Village Officer(appellant No.4) W.A.No. 2615 OF 2009 -:2:- had conducted a search of the premises of the respondent on September 13, 2009 and prepared Ext.P4 mahazar since it was noticed that river sand was stored in violation of the terms and conditions of Ext.P3 licence. 4. During the pendency of the Writ Petition the learned Single Judge had directed the RDO, Thrissur and Geologist, Thrissur to inspect the sand seized under Ext.P4 mahazar and file a report indicating the nature of the sand. The officers in their report stated that it was ordinary sand and not river sand. It was in the above circumstances the learned Single Judge had allowed the Writ Petition and quashed Ext.P4. The learned Single Judge further directed appellant No.4, Village Officer, to pay cost of Rs.1,000/- to the respondent. 5. Learned Government Pleader who appears for the appellants submits that there was no illegality in the action of the appellants in as much as there was bonafide suspicion that the respondent had been dealing with river sand. It is pointed out by him that a perusal of Ext.P4 will show that the action of appellant No.4 is justifiable. W.A.No. 2615 OF 2009 -:3:- 6. We do not propose to make any comment on the above contention especially in view of the report submitted by the RDO and Geologist during the pendency of the Writ Petition. 7. It is undoubtedly true that illicit sand mining is rampant in the State. Therefore the action of appellant No.4 in making a surprise inspection of the licensed premises of the respondent cannot be faulted on the face of it. In that view of the matter, we are satisfied that the learned Single Judge was not justified in imposing cost of Rs.1,000/- on appellant No.4. In all other respects, we concur with the view taken by the learned Single Judge. Therefore, the direction given to appellant No.4 to pay cost is set aside. The Writ Appeal is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb W.A.No. 2615 OF 2009 -:4:-