IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35417 of 2009(V) --------------------------------------- PETITIONER(S): ------------------------- 1. P.P.SAJI, AGED 40 YEARS, S/O.PARAMESWARA PILLAI, PUTHENPURAKKAL HOUSE, KULASHEKHARAMANGALAM P.O., KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686 608. 2. C.M.SHAMAL, AGED 33 YEARS, S/O.C.U.MUHAMMED, CHANTHOTTU HOUSE, CHEMPU P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686 615. 3. D.SAMBASIVAN, AGED 53 YEARS, S/O.DIVAKARAN, THARAYIL HOUSE, AKKARAPADOM P.O., VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686 143. BY ADVS.MR.P.V.PRAKASAN MR.S.RUSSEL MR.V.R.ARUN RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT COLLECTORATE, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM, PIN-686 002. 2. THE DISTRICT GEOLOGIST, KOTTAYAM DEPARTMENT OF MINING AND GEOLOGY CIVIL STATION, COLLECTORATE P.O., KOTTAYAM, PIN-686 002. R1 & R2 BY GOVT. PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).35417/2009 -------------------- Dated this the 14th day of December, 2009 JUDGMENT Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents. 2. The petitioners are dealers in ordinary sand. Exts.P1 to P3 are the dealers' licences issued to them by the Geologist of Kottayam district. By Exts.P4 to P6 orders dated 18.8.2009 which are impugned in this writ petition, the Geologist of Kottayam district suspended the operation of Exts.P1 to P3 licences. The petitioners challenge Exts.P4 to P6 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. 3. 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 P3 licences were suspended. It is submitted that the District Collector and the officers of Mining and Geology Department, Kottayam intended W.P.(C).35417/2009 2 only to stop unauthorized quarrying and mining of sand. In the light of the admitted fact that before Exts.P4 to P6 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.P4 to P6 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.P4 to P6 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.P4 to P6 and hold that the petitioners are entitled to continue to operate Exts.P1 to P3 licences 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 petitioners in accordance with law, if grounds exist for suspending or cancelling the dealers' licences issued to them. P.N.RAVINDRAN, Judge mrcs