IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 7330 of 2008(V) ------------------------- PETITIONER: -------------- SUBEESH,S/O.SUBRAMANYAN,AGED 26 YEARS MADATHIL HOUSE, PARIYARAM VILLAGE, PARIYARAM P.O.,VIA CHALAKUDY 680 721 THRISSUR-DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS: ----------------- 1. GEOLOGIST, DISTRICT OFFICE OF MINING AND GEOLOGY DEPT AYYANTHOLE, THRISSUR. 2. DIRECTOR,MINING AND GEOLOGY DEPT GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, THRISSUR DISTRICT. 4. REVENUE DIVISIONAL OFFICER THRISSUR. 5. JOINT DIRECTOR, DEPT OF AGRICULTURE THRISSUR. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 7330 OF 2008 - V = = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 J U D G M E N T Ext. P1 is an application made by the petitioner for sand dealers licence and the complaint in this writ petition is that orders on Ext. P1 have not been passed. Since the application has been made by the petitioner to the 1st respondent, it is for the 1st respondent to consider the application and pass appropriate orders thereon. 2. Petitioner contends that the directions have been issued by the District Collector, and that the 1st respondent has been forbidden from considering the applications except in accordance with the directions. This aspect of the matter has already been examined by this Court and Ext. P5 is a judgment considering this issue where it has been held that if the 1st respondent is the statutory authority, his discretion cannot be curtailed by anybody else. W.P.(C) No. 7330 OF 2008 - 2 - Therefore, this writ petition is disposed of directing that the 1st respondent shall consider Ext. P1 on merits and pass appropriate orders thereon. This the 1st respondent shall do as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Needless to say that such consideration shall be in accordance with the provisions contained in the Minor Mineral Concession Rules. ANTONY DOMINIC JUDGE jan/-