IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WA.No. 1570 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10796/2011 Dated 03/06/2011 .................... APPELLANT(S): /RESPONDENT IN THE W.P(C) -------------------------------------- THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THODUPUZHA, IDUKKI DISTRICT. BY GOVERNMENT PLEADER, MR.GEORGE MECHERIL RESPONDENT(S): /PETITIONERS IN THE W.P.(C) ----------------------------------------- 1. PUSHPARAJ M.S., S/O.SUGUNAN, MAPPILAKUDIYIL HOUSE, NERIAMANGALAM (PO), AVOLICHAL, ERNAKULAM DISTRICT, PIN - 686 693. 2. M.K.SUKUMARAN, MADATHILKUDIYIL HOUSE, NERIAMANGALAM (PO), AVOLICHAL, ERNAKULAM DISTRICT, PIN - 686 693. MR.JOBI JOSE KONDODY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1570/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE - A1 : COPY OF COMMUNICATION NO.5587/M3/2010 DATED 05/03/2011 & ITS TRANSLATION COPY. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... W.A. No.1570 of 2011 .................................................................... Dated this the 25th day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. The 1st respondent is engaged in manufacture and sale of weathered sand. The 1st respondent filed WP(C) for a direction to the respondents to issue P-forms for transport of weathered sand and also ordinary sand. Learned Single Judge directed issuance of forms against which State has filed this Appeal. 2. We have heard learned Government Pleader for the appellant and learned counsel for the respondents. 3. So far as weathered sand is concerned, since it is a manufactured product and since the respondents are dealers, they have to necessarily take registration under the KVAT Act and use delivery note or sale bill or other documents prescribed under the KVAT Act and Rules for transport of the same. The position is same so far as the river sand is concerned, and for transport of the same, the respondents have to use pass and other documents required under the Kerala Protection of River Banks and Regulation of Removal of W.A.No.1570/2011 -2- Sand Act. In view of the stand taken by the respondents that weathered sand is not a mineral requiring pass from the Geology Department for transport, we do not think there is any need for the respondents to prove the quantity produced. The respondents are therefore free to transport weathered sand manufactured by them with documents prescribed under the KVAT Act and Rules. So far as river sand is concerned, the appellant is directed to issue pass prescribed on production of documents about source of sand and on being satisfied that the respondents are mining and transporting sand from eligible source in accordance with law. The 2nd respondent will furnish all the details along with source of sand and application for the appellant for issue of pass required for transportation of river sand. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg