IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 30523 of 2010(M) -------------------------- PETITIONER(S): -------------------- 1. HAMEED P, S/O. IBRAHIM HAJI, NADIBAYIL HOUSE,PATHOOR POST, KASARAGOD DISTRICT PIN 671 323 2. THOMAS GEORGE,S/O.GEORGE P.J, PALLIPPURATH HOUSE, BHEEMANADI POST, KASARAGOD DISTRICT PIN 671 314. 3. U.K.SAYED HABDULLA, S/O.ATTUKOYATHANGAL, DARUSSALAM, J M ROAD, UDYANAGAR, MANJESWARAM. 4. HASSAN ASHIF K M, S/O. K.P. MOHAMMED ZULEKHA MANZIL, NEAR MADA TEMPLE, KUNJATHUR POST, MANJESWARAM, KASARAGOD. 5. ASHRAF S/O. LATE MUHAMMED, BALLOOR HOUSE, MOGRALPUTHOOR POST, MANJESHWARAM, KASARAGOD. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES (A) DEPARTMENT SECRETARAIT, THIRUVANANTHAPURAM 695 001 2. DISTRICT COLLECTOR, CIVIL STATION KASARAGOD PIN 671 121 3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION KASARAGOD 671 121. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 30523 OF 2010 (M) ===================== Dated this the 5th day of October, 2010 J U D G M E N T Petitioners are sand dealers who possess licence. It is stated that pursuant to the directions issued by the District Collector, they were issued Ext.P9 notice calling upon them to show cause why the dealership licence shall not be cancelled. It is stated that among the petitioners, three of them have filed replies by Exts.P10, P11 and P12. While the matter is thus pending consideration of the Geologist, the writ petition is filed challenging the notice. 2. Having regard to the pendency of the proceedings before the Geologist and as the Geologist is yet to take a decision in the matter, I think the writ petition is premature. Therefore, leaving it open to the 3rd respondent to decide the issue untramelled by the directions of the District Collector and considering the objections that are filed by the parties, this writ petition is disposed of. It is made clear that the claim of the petitioners for value and return of the sand, if any, is left open and that claim will be considered by the 3rd respondent once WPC No. 30523/10 :2 : orders are passed in the matter. Petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp