IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21326 of 2007(L) -------------------------- PETITIONER: PETITIONER ----------------------- P.O.JOSE, PROPRIETOR, IRON HOUSE, SILVER CASTLE BUILDING, ALUVA, ERNAKULAM. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT: ------------- THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, ERNAKULAM. BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 21326/2007 ------------------------------------------------------------------- EXT.P1 PHOTOCOPY OF CERTIFICATE OF REGISTRATION DT. 17-9-1999. EXT.P2 DO. DT. 29-5-2007. EXT.P3 APPLICATION DT. 2-6-2007. EXT.P4 LETTER DT. 4-6-2007. EXT.P5 MINUTES OF MEETING DT. 18-9-2006. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21326 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th July, 2008. J U D G M E N T Petitioner filed Ext. P3 application for issuance of dealers' licence under Rule 48A of the Kerala Minor Mineral Concession Rules. His application was rejected by Ext. P4 order on the ground that in view of a decision taken in a conference attended by the Ministers of Home and Revenue, it has been decided not to entertain further applications for dealers' licence. The petitioner submits that he intends to import sand from Tamil Nadu and since the respondent has no case that sand is available in Kerala in sufficient quantities, his application for dealer's licence cannot be rejected. 2. A counter affidavit has been filed by the respondent in which quoting Rule 48A, it is contended that the number of licensed dealers selling minor minerals in the area, the availability of the minor mineral of the kind required for sale and the general demand of the minor minerals are considerations which should weigh with the authorities in deciding whether to issue further permits in the particular area in question. According to the learned Government Pleader, it is after taking into consideration all these aspects, it has been decided to stop issue of any further dealers' licence in the area. He would further submit that wide-spread mal-practices being committed by dealers in the name of importing sand from Tamil Nadu is also a reason to take the particular decision, as is clear from Ext. P4. 3. I have considered the rival contentions in detail. 4. As stated by the respondent himself, the availability of minor mineral of the particular kind required for sale in the particular area is also a relevant consideration in the matter of issuing dealers' licence. As general information goes, Kerala is experiencing dearth of sand for construction purposes. Because of the dearth, the price of W.P.C. No. 21326/2007. -: 2 :- sand has sky-rocketed. Therefore, I am of opinion that the respondent has to re-consider the matter in the light of these observations also. Accordingly, Ext. P4 is quashed and the respondent is directed to re-consider Ext. P3 in the light of the observations contained herein. Fresh orders shall be passed within one month from the date of receipt of a copy of this judgment. The writ petition is allowed as above. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the respondent for compliance. S. Siri Jagan, Judge. Tds/