IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29051 of 2009(B) ------------------------------------ PETITIONER(S): ------------------------- 1. RAMESAN,AGED 42,KRISHAN,PADANNAYIL HOUSE,KULASHEKARAMANGALAM.P.O,VAIKOM. 2. P.K.BINU,AGED 38,S/O.KRISHNAN, PUTHENPURAYIL HOUSE,UDAYANAPURAM.P.O,VALLAKAM, VAIKOM. 3. VIJAYAN,AGED 48 YEARS,ODITHARA HOUSE, KULASEKHARAMANGALAM.P.O,VAIKOM. 4. SMT.MAITHILY,AGED 45 YEARS,KOLLUTHARA HOUSE, EDAVATTOM.P.O,VAIKOM. 5. DAMODARAN,AGED 53 YEARS,PATHICHIRAYIL HOUSE,AKKARAPPADAM.P.O,VAIKOM. BY ADV. MR.BABU PAUL RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR,COLLECTORATE, KOTTAYAM. 2. THE GEOLOGIST,MINING AND GEOLOGY, DISTRICT OFFICE,CIVIL STATION,COLLECTORATE.P.O, KOTTAYAM-2. R1 & R2 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.29051 of 2009 - B ---------------------------------------- Dated 15th October, 2009 Judgment Heard Sri.Babu Paul, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioners are dealers in ordinary sand. Exts.P1 to P5 are the dealers' licences issued to them by the Geologist of Kottayam district. By Exts.P6 to P10 orders dated 18.8.2009 which are impugned in this writ petition, the Geologist of Kottayam district suspended the operation of Exts.P1 to P5 licences. The petitioners challenge Exts.P6 to P10 on the ground that before the said orders were passed, they were not put on notice or heard. The petitioners also submit that what is prohibited by the District Collector is 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.29051/2009 2 3. Sri.P.Narayanan, 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 P5 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.P6 to P10 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.P6 to P10 cannot be sustained. The orders do not also set out on the ground on which the dealers' licences issued to the petitioners are liable to be cancelled. Further, a reading of Exts.P6 to P10 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.P6 to P10 and hold that the petitioners are entitled to continue to operate Exts.P1 to P5 licences in accordance with the terms and conditions stipulated W.P.(C) No.29051/2009 3 therein. I 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