IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 26816 of 2009(V) ------------------------------------ PETITIONER(S): ----------------------- RAJU ABRAHAM, AGED 34, S/O.ABRAHAM, MUNDAKATHARAYIL HOUSE, KONGANDOOR P.O., AYARKUNNAM. 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. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26816 of 2009 - V ------------------------------ Dated this the 5th day of October, 2009. J U D G M E N T Heard Sri.Babu Paul, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for respondent . 2. The petitioner is a dealer in ordinary sand. Ext.P1 is the copy of dealers licence issued to him by the Geologist of Kottayam District. The said licence was issued on 4.5.2009. By Ext.P1 order dated 18.8.2009 which is impugned in this writ petition, the Geologist of Kottayam District suspended the operation of Ext.P1 license. The petitioner challenges Ext.P2 on the ground that before it was passed, he was not put on notice or heard. The petitioner also submits that what was prohibited by the District Collector was only mining of sand and not sale of sand already mined and collected and therefore on the merits also, the order is liable to be set aside. 3. Sri.P.Narayanan, the learned Government Pleader appearing for the respondents does not dispute the fact that the petitioner was not put on notice or heard before Ext.P1 licence was suspended. It is submitted that the District Collector and the officers of Mining and Geology Department, Kottayam intended only to stop unauthorized W.P(C) No.26816 of 2009 - V 2 quarrying and mining of sand. In the light of the admitted fact that before Ext.P2 order was passed, suspending the operation of the licence issued to the petitioner he was not put on notice or heard, I am of the opinion that Ext.P2 cannot be sustained. The order does not also set out on the ground on which the dealers licence issued to the petitioner is liable to be cancelled. Further, a reading of Ext.P2 indicates that the District Collector had only directed that quarrying of sand should be stopped. In such circumstances I allow this writ petition, quash Ext.P2 and hold that the petitioner is entitled to continue to operate Ext.P1 licence in accordance with the terms and conditions stipulated therein. I make it clear that nothing contained in this judgment will stand in the way of the respondents from proceeding against the petitioner in accordance with law, if grounds exist for suspending or cancelling the dealers' license issued to him. P.N.RAVINDRAN JUDGE ab