IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 34106 of 2009(G) -------------------------- PETITIONER: --------------- V.V.BABU, AGED 35 YEARS, S/O.NARAYANAN, VALIYAVEETTIL HOUSE, KANJIRAMUKKU P.O., PONNANI. BY MR.A.S.RAJENDRAN NAIR, ADVOCATE RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM. 3. TAHSILDAR, PONNANI TALUK, PONNANI. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34106 OF 2009 --------------------------------------- Dated this the 15th day of January, 2010. J U D G M E N T The petitioner is an authorized dealer under the Minor Mineral Concession Rules for selling sand which is a minor mineral. Exhibit P1 is a copy of the licence issued under Rule 48(c) of the Minor Mineral Concession Rules. 2. The petitioner is stocking the sand in 47 cents of land in Survey No.195/1 of Maranchery village. He is aggrieved by the ban order issued by the District Collector as per Exhibit P4 which is being extended from time to time, which has prevented the petitioner from continuing the business. 3. According to the petitioner, the stock reflected in the stock register will justify his stand that there had not been any unauthorized collection of sand. The petitioner has already filed Exhibit P6 objection before the District Collector in the matter. The District Collector, according to the petitioner, has not recalled the ban order and by Exhibit P8 dated 20.11.2009, again the W.P.(C) No.34106/2009 2 same has been extended. 4. Today, when the matter came up for hearing, it is submitted that the District Collector has extended the ban order till 19.01.2010. 5. Heard the learned Government Pleader appearing for the respondents. It is submitted that appropriate direction from the Government was being awaited and the District Collector will take a decision in the matter without delay. Therefore, there will be a direction to the District Collector to consider the objections raised by the petitioner in Exhibit P6 within a period of two weeks from the date of receipt of a copy of this judgment and pass appropriate orders with regard to the prayer for lifting the ban imposed. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp