IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 25431 of 2009(Y) --------------------------------------- PETITIONER(S): ---------------------- 1. MATHEW JOSEPH, AGED 48 YEARS, S/O.K.J.JOSEPH, KOCHUPARAMBIL HOUSE, KALAKETTY P.O., KOTTAYAM DISTRICT. 2. JOHNS MATHEW, PALAKUNNEL HOUSE, ANCHIRY P.O., THODUPUZHA, IDUKKI DISTRICT. 3. BINOY THOMAS, POTTANKULATHU HOUSE, UPPUKANDAM P.O., IDUKKI DISTRICT. 4. SUKUMARAN M.K., MADATHIKUDY HOUSE, NEENDAPARA P.O., ERNAKULAM DISTRICT. 5. SUMESH KUMAR P.V., PARACHALIL HOUSE, MYLAKOMBU P.O., PAINKULAM, IDUKKI DISTRICT. 6. DIPU M.V., MUKALEL HOUSE, NERIYAMANGALAM P.O., KANJIRAVELI, IDUKKI DISTRICT. 7. K.J. GEORGE, KADAMKULAM HOUSE, AYAVANA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 8. C.K. CHANDRAN, CHAKKIMANIKUNNEL HOUSE, MUTHIRAPUZHA P.O., KONNATHADI, IDUKKI DISTRICT. 9. MATHUKUTTY K.J., KOCHUPARAMBIL HOUSE, KALAKETTY P.O., KOTTAYAM DISTRICT. 10. P.B.SURESH, PANIPRA HOUSE, KONNATHADI P.O., IDUKKI DISTRICT. BY ADV. MR.JOBI JOSE KONDODY WP(C).No. 25431 of 2009(Y) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU, IDUKKI. 2. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THODUPUZHA P.O., IDUKKI DISTRICT. R1 & R2 BY MR.C.P. SUDHAKARA PRASAD, ADVOCATE GENERAL, GOVERNMENT PLEADER MR.T.B. HOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25431 of 2009 ---------------------------------------- Dated 16th September, 2009 Judgment Heard Sri.Jobi Jose Kondody, the learned counsel appearing for the petitioners and Sri.C.P.Sudhakara Prasad, the learned Advocate General appearing for the respondents. 2. The petitioners, ten in number, are dealers in ordinary sand. Exts.P1 to P10 are copies of the dealers' licences 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 months of March, July and August, 2009. By Ext.P11 series of 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 arbitrarily in cancelling their dealers' licences. W.P. (C)No.25431/2009 2 3. The learned Advocate General appearing for the respondents does not dispute the fact that the petitioners were not heard before their dealers' licences were cancelled. The learned Advocate General fairly conceded that the District Collector and the officers of the Mining and Geology Department intended only to stop unauthorised quarrying and that the Geologist will issue notice to the petitioners and hear them, afresh. 4. In the light of the admitted fact that Exts.P1 to P10 dealiers' licences were cancelled without notice to the petitioners and without affording them an opportunity to state their case, I am of the opinion that Ext.P11 series of 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 Ext.P11 series of orders impugned in this writ petition and direct that the petitioners will be entitled to continue 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 W.P. (C)No.25431/2009 3 petitioners in accordance with law if grounds exist for cancellation of the dealers' licences issued to them. P.N.RAVINDRAN Judge vaa