IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 3103 of 2010(K) ------------------------------------ PETITIONER: ------------------- SATHEESAN.K.C,S/O.CHANDRAN,AGED 34 YEARS, KOZHIPARAMBIL HOUSE,THIRUVANCHIKULAM,METHALA VILLAGE,KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR,DEPARTMENT OF MINING AND GEOLOGY,THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE,THRISSUR. 4. THE DISTRICT COLLECTOR,COLLECTORATE, THRISSUR. 5. THE TAHSILDAR,KODUNGALLUR TALUK. 6. THE JOINT DIRECTOR, DEPARTMENT OF AGRICULTURE,THRISSUR. 7. GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,THRISSUR. R1 TO R7 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3103 OF 2010 --------------------------------------- Dated this the 30th day of January, 2010. J U D G M E N T The petitioner is engaged in the business of stock and sale of ordinary sand. He intends to conduct business for the stock and sale of ordinary sand in a property having an extent of 10 cents situated in survey No.950/1 in Methala village, Kodungallur Taluk in Thrissur District. 2. For getting licence, the petitioner submitted an application before the 2nd respondent as per Exhibit P1 along with all the required documents. The 2nd respondent forwarded the application to the 3rd and 5th respondents. It is pointed out that the agriculture officer and the village officer have sent reports in favour of the petitioner after inspection. Exhibit P2 is the copy of the certificate issued by the Principal Agriculture Officer to the Geologist. But, the 3rd respondent Revenue Divisional Officer rejected the application of the petitioner as per Exhibit P3. The petitioner thereafter filed Exhibit P4 application before the District W.P.(C) No.3103/2010 2 Collector in the matter. 3. Learned Government Pleader on instructions submitted that the competent authority is the District Collector in the light of the amended Rule 57 of the Kerala Minor Mineral Concession Rules. There will be a direction to the 4th respondent to take a decision on Exhibit P4, after assessing various materials produced by the petitioner and the reports furnished by other statutory authorities, within a period of two months from the date of production of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp