IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 36695 of 2007(R) -------------------------- PETITIONER: ------------ P.K.THOMAS, AGED 68 YEARS, S/O. KURIAN, RESIDING AT PERIYAPURATHU VEEDU, MULAKKULAM NORTH P.O., PIRAVOM, ERNAKULAM DIST. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE SRIMANU TOM RESPONDENTS: ------------- 1. THE DIRECTOR OF MINES AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-4. 2. THE GEOLOGY, MINING AND GEOLOGY DEPARTMENT DISTRICT OFFICE, CIVIL STATION, ERNAKULAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. BY ADDL.ADVOCATE GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36695/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF THE APPLICATION DATED 1/10/2007 SUBMITED BY THE PETITIONER BEFORE R3. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 16/10/2007 RECEIVED BY THE PETITIONER FROM R3. EXT.P4: TRUE COPY OF THE COMMUNICATION DT.6.11.2007 RECEIVED BY THE PETITIONER FROM R1. EXT.P5: TRUE COPY OF THE APPLICATION DATED 3.12.07 SUBMITTED BY THE PETITIONER BEFORE R1. EXT.P6: TRUE COPY OF THE COMMUNICATION DT.4.12.2007 ADDRESSED TO R2 BY R1. EXT.P7: TRUE COPY OF THE ORDER DATED 7.12.2007 ISSUED BY R2. EXT.P8: TRUE COPY OF THE JUDGMENT DATED 30.7.07 IN WP(C) NO.22293 OF 2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =================== W.P.(C) NO.36695 OF 2007 R =========================== Dated this the 8 th day of February, 2008 J U D G M E N T Ext.P2 is an application made by the petitioner for issue of P forms. According to the petitioner, though that was recommended, eventually that was rejected by Ext.P7. The reason stated in Ext.P7 is that in terms of the provisions contained in the Kerala Minor Mineral Concession Rules, 1967, P forms can be issued only in respect of sand mined from within the State and that there is no enabling provision to grant P form in respect of sand transported from outside the State. It is challenging Ext.P7 and for directing the respondents to issue P form to the petitioner, this writ petition has been filed. 2. The respondents have filed a counter affidavit, in which in para 5, it is stated as follows: The petitioners application for grant of Dealers Licence were forwarded by the 1st respondent to the 2nd respondent requesting to consider the application in accordance with WPC 36695/07 :2 : law. The 2nd respondent has rejected the application on the ground that there is no mention in the Kerala Minor Mineral Concession Rules, 1967 to grant Dealers Licence on a minor mineral transported from other States. When such consignment accompanied with the valid permits clearly mentioning the destination place issued by the neighbouring state authorities can be treated as legal in the state of Kerala and granting of Dealer's Licence can be considered to the petitioner subject to the conditions laid down in Chapter VII A of the Kerala Minor Mineral Concession Rules, 1967. In the said statute there are provisions of Review and Appeals on any order made by any competent authority to Government under Rule 49. The petitioner ought to have sought remedy from Government by filing review petition under Rule 51 or by filing appeals under 49 (1)(a)(b). From the above quoted portion of the counter affidavit, it is obvious that the stand taken in Ext.P7 has been confessed to be incorrect. This itself renders Ext.P7 unsustainable and for that reason I quash Ext.P7. 3. In view of the above, I direct that it will be open to the petitioner to make a fresh application for P Form to the 2nd respondent, in which case, the 2nd respondent shall reconsider the matter in the light of the observations made above and pass orders WPC 36695/07 :3 : thereon, as expeditiously as possible, at any rate within three weeks of filing of the application along with a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp