IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 35451 of 2009(B) --------------------------------------- PETITIONER(S): ------------------------ V.O.JOSE, JOSCO ENTERPRISES, VADAKKINETHU VEEDU, NELLIPPALLY, PUNALUR, PATHANAPURAM, KOLLAM. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE, BY ADV. MR.S.SHARAN, MR.S.RAJIKUMAR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES (A)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOLLAM. 3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 4. DISTRICT GEOLOGIST, KOLLAM. 5. INDUSTRIAL SPECIAL SECRETARY, KERALA GOVERNMENT FINAL APPELLATE AUTHORITY, INDUSTRIAL (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35451 OF 2009 --------------------------------------- Dated this the 17th day of February, 2010. J U D G M E N T The petitioner has filed this writ petition mainly challenging Exhibits P5, P7 and P10 orders and for a declaration that the petitioner is entitled to purchase or import sand from other states in accordance with law. 2. The petitioner is a registered dealer under the Sales Tax Department for importing sand from Tamil Nadu. The issue pertains to the claim of the petitioner for importing sand by lifting the prohibition made by the Government in the matter. 3. It is pointed out in the writ petition that the petitioner had been transporting the sand from other States but, the vehicles were seized by the officials concerned. The petitioner has also relied upon Exhibit P9 notification issued by the Government of Tamil Nadu to show that it is permissible. Finally, by Exhibit P10, the request of the petitioner for grant of dealer's licence stands rejected by the Government. The Government rejected the appeal filed by the petitioner on finding that the W.P.(C) No.35451/2009 2 sand is a heavy commodity and its transport from a long distance will make it commercially non-viable. 4. The 1st respondent has filed a counter affidavit in the matter. In paragraph 3 of the counter affidavit it is pointed out that as a measure to redress the sand scarcity problem in the State, Government have issued Exhibit R1(a) order for encouraging the import of sand from other States as well as other countries. It is also averred that even though the petitioner applied for dealer's licence to stock Tamil Nadu sand, as the petitioner was not able to produce royalty paid permits/passes for the consignment as per rule 48K and as it was against 48L, 48D of the Kerala Minor Mineral Concession Rules 1967, the application was rejected. 5. Learned Senior Counsel for the petitioner submitted that the present policy of the Government permits import of sand from other states and therefore, the matter will have to be reconsidered by the Government in the light of Exhibit R1(a) and other recent orders passed by the Government. 6. It is clear from Exhibit R1(a) that with regard to import W.P.(C) No.35451/2009 3 of sand, the Government is of the view that such import from other States as well as from other countries will be encouraged. Kerala State Mineral Development Corporation Ltd.(KEMDEL) is authorized to import sand from other States without prejudice to the open market import of sand by private operators. The procedure for import will be simplified and free movement of sand shall be facilitated. In that view of the matter, the petitioner's application will have to be reconsidered by the Government. Therefore, Exhibit P10 is quashed. The petitioner will be free to make a fresh application before the Government itself for allowing import of sand and if such an application is filed, the 1st respondent will consider the same and pass appropriate orders in terms of Exhibit R1(a) and any other order governing policy decision taken by the Government within a period of one month from the date of production of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp