IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH JULY 2007 / 8TH SRAVANA 1929 WP(C).No. 20734 of 2007(R) ---------------------------------------- PETITIONER: -------------------- K.A.MAJEED, KIZHAKKECHELA HOUSE, NORTH PARUR, ERNAKULAM DIST. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE, KAKKANAD, ERNAKULAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- W.P.(C)NO.20734 OF 2007 ------------------------------------- DATED THIS THE 30th DAY OF JULY, 2007 JUDGMENT The petitioner imported river sand from Tamil Nadu to Kerala. The same was detained by the authorities for alleged violation of the Kerala Minor Mineral Concession Rules. The matter was considered by the 2nd respondent, District Collector and Ext.P5 order was passed holding that the sand has been brought into the State by complying with the legal formalities and therefore, the Sub Inspector of Police shall release the vehicle and sand to the petitioner. However, since the Minor Mineral Concession Rules stipulates that for transportation of sand passes issued by the appropriate authorities are necessary, the 3rd respondent issued Ext.P6 holding that no passes in 'P form' can be issued since such forms can be issued only in respect of sand mined from Kerala. The petitioner challenges Ext.P6 and seeks the following reliefs. “ i. to issue a writ of certiorari or other appropriate order or direction to quash Ext.P6. ii to issue a writ of mandamus or other appropriate order or direction to direct the 3rd respondent not to restrict the issue of P Forms on the ground that the sand is from Tamil Nadu. W.P.(c)No.20734/07 2 iii) To issue a writ of mandamus or other appropriate order or direction to direct the 3rd respondent to counter sign necessary P Forms to enable the petitioner to deal with sand which is validly brought from other states. iv) To declare that the 3rd respondent cannot refuse to counter sign P Forms only on the ground that the sand is brought from Tamil Nadu”. 2. The contention of the petitioner is that by Ext.P5 order, the District Collector has directed release of the vehicle and therefore, the 3rd respondent is bound to issue passes. 3. The learned Government pleader submits that in so far as there is no provision anywhere in the Rules for issuing 'P forms' in respect of sand brought in from outside the State, no 'P forms' can be issued in respect of the sand in question. 4. Having heard both sides, I feel that in so far as the petitioner has not committed any offence under any provisions of law, a way has to be found out for transportation of the sand, although it is true that the laws do not contemplate issue of 'P forms' in respect of the sand brought in from outside the State. In the above circumstances, I direct that Ext.P5 order along with this judgment would form the requisite passes for the purpose and appropriate authorities shall release the vehicle and allow the petitioner to transport the sand seized from the petitioner. On the strength of the same. However, this shall not be treated as a W.P.(c)No.20734/07 3 licence for others to bring in sand from outside the State and this order would be confined to the sand involved in this case. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd