IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 33099 of 2008(M) -------------------------- PETITIONER(S): --------------------------- T.K.JOSE, S/O.KORA, AGED 39 YEARS PUTHRUKAYIL, MEVELLUR PO, MEVELLUR KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ---------------------------- 1. THE CIRCLE INSPECTOR OF POLICE KADATHURUTHY POLICE STATION, KOTTAYAM DISTRICT. 2. THE TAHSILDAR, VAIKOM TALUK KOTTAYAM DISTRICT. 3. THE DISTRICT GEOLOGIST, KOTTAYAM DISTRICT 4. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.33099 of 2008 ------------------------- Dated this the 10th day of November, 2008. JUDGMENT The 3rd respondent issued Ext.P1 mining permit to the petitioner authorising him to mine 1000 Metric Tons of ordinary sand from the property having an extent of 22.66 Ares of land situated in Survey No.772/8B, 773/1 in Velloor Village, Vaikom Taluk. The permit was valid up to 31.10.2008. 2. On 10.9.2008, the ban was imposed as regards mining of ordinary sand in Vaikom Taluk and thereafter the ban remained in force only till 10.10.2008, on which date Ext.P2 was issued lifting the ban. 3. The first respondent, Circle Inspector of Police, conducted a search in the land where the petitioner was conducting mining and found that 750 feet of sand stored there. It was taken into custody and proceedings are pending before the 2nd respondent Tahsildar. 4. The petitioner filed Ext.P6 representation before the District Collector praying for release of the sand. I am of the opinion that it is better that the District W.P.(C).NO.33099/08 :: 2 :: Collector takes a decision in this regard, if, in the meanwhile, the sand is proposed to be sold. 5. Having heard learned Government Pleader, I am of the view that the sale of the sand be deferred till the District Collector takes a decision. In the result, the writ petition is disposed of directing the 1st respondent to consider and take appropriate decision on Ext.P6, within a period of two weeks from the date of receipt of a copy of this judgment. The sale of the sand seized from the petitioner's property shall be kept in abeyance till the 1st respondent takes a decision on Ext.P6. If the District Collector finds that the sand is liable to be sold, it shall be sold only by a public auction, after due notice to the petitioner. The Collector shall also take into account Ext.P5 report of the Geologist. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge