IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28981 of 2009(P) ---------------------------------------- PETITIONER(S): ------------------------- 1. SALI MATHEW,S/O.MATHEW, AGED 39 YEARS,RESIDING AT MUPRAPPALLI HOUSE, RAMAPURAM BAZAR P.O.,KOTTAYAM DISTRICT-686 576. 2. M.B.VIJU,S/O.PAPPU, RESIDING AT MOLEKKUDIYIL HOUSE, NERYAMANGALAM P.O.,KAMBILINE, ERNAKULAM DISTRICT-686 693. BY ADV. MR.JOICE GEORGE RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR,IDUKKI, COLLECTORATE,PAINAVU P.O.,IDUKKI DISTRICT. 2. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,IDUKKI, IDUKKI DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J ........................................... WP(C).NO. 28981 OF 2009 ............................................ DATED THIS THE 14TH DAY OF OCTOBER, 2009 JUDGMENT Heard Sri.Joice George, the learned counsel appearing for the petitioners and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioners, two in number, are dealers in ordinary sand. Exts.P1 and P2 establish that dealers' licences were issued to them by the Geologist of Idukki district under rule 48 C of the Kerala Minor Mineral Concession Rules, 1967. The licences were issued to them in the month of April and July, 2009. By Exts.P3 and P4 orders, which are impugned in this writ petition, the Geologist cancelled the dealers' licences issued to the petitioners. The petitioners submit that before the dealers' licences issued to them were cancelled, they were not put on notice or heard. They also contend that the District Collector, Idukki had only directed cancellation of quarrying permits alleging violation of the conditions of permit and as they are not engaged in quarrying activity and are only dealers in sand, the Geologist acted Wpc 28981/2009 2 arbitrarily in cancelling their dealers' licences. 3. The learned Government Pleader appearing for the first respondent does not dispute the fact that the petitioners were not heard before their dealers' licences were cancelled. The learned Government Pleader fairly conceded that the District Collector and the officers of the Mining and Geology Department intended only to stop unauthorised quarrying of sand and that the Geologist will issue notice to the petitioners and hear them before passing fresh orders. 4. In the light of the admitted fact that the dealers' licences were cancelled without notice to the petitioners and without affording them an opportunity to state their case, I am of the opinion that Exts.P3 and P4 orders which are impugned in this writ petition cannot be sustained. The Geologist has not in the impugned orders, set out the grounds on which dealers' licences issued to the petitioners are liable to be cancelled. The impugned orders disclose that the District Collector had only directed that quarrying should be stopped. I accordingly allow this writ petition, quash Exts.P3 and P4 orders impugned in this writ petition and direct that the petitioners will be entitled to continue Wpc 28981/2009 3 to operate their dealers' licences in terms of the conditions and stipulations 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 cancellation of the dealers' licences issued to them. P.N.RAVINDRAN Judge lgk