IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 11678 of 2010(H) -------------------------- PETITIONERS: --------------- 1. MOHAMMED ASHRAF,S/O.ALAVI,POTTAMMAL METHAL,KARUMARAKKAD AMSOM, VAZHAKKAD PO, MALAPPURAM(DT). 2. SIDHEEQ,S/O.MOHAMMED KUTTY,KALATHINGAL HOUSE,PARAMBIL PEEDIKA , VELIMMUKKU(PO), MALAPPURAM(DT). 3. ABHILASH.V.P, S/O.ACHUTHAN, VARIYAM VEETTIL, PANTHEERAMKAVU, PERUVAYAL, KOZHIKODE(DT). BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. VAZHAKKAD PANCHAYAT, REPRESENTED BY ITS SECRETARY, VAZHAKKAD PANCHAYAT OFFICE, VAZHAKKAD (PO), MALAPPURAM (DT). 3. THE SECRETARY, VAZHAKKAD PANCHAYAT, VAZHAKKAD (PO), MALAPPURAM (DT). SR. GOVERNMENT PLEADER SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11678 of 2010(H) APPENDIX PETITIONERS' EXHIBIT: EXHIBIT -P1 : REGISTRATION FORM ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. True copy P.A. to Judge P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.11678 OF 2010 -------------------------------------------------- Dated this the 3rd day of June 2011 JUDGMENT The petitioners' grievance is with regard to the stipulation in Ext.P1 issued by the 2nd respondent panchayat necessitating that the vehicles belonging to the said panchayat alone will be registered, so as to grant permission to transport sand from the concerned 'kadavu' in the panchayat. 2. The learned counsel for the petitioner submits that there is absolutely no such provision of law, either under the Mines and Minerals (Development and Regulation) Act, 1957 or the Kerala Minor Mineral Concession Rules, 1967. There is also no Government order in this regard, so as to curtail the rights and liberties of the persons like the petitioners belonging to the neighbouring panchayats. The petitioners who are stated as residing in the neighbouring panchayats were operating their vehicles for transportation of sand from the 2nd respondent panchayat and the change is only recently introduced. 3. Heard the learned Govt. Pleader as well. 4. Though service is complete, no counter affidavit has been filed by the 2nd respondent to sustain their action in stipulating under Clause No.1 of the terms and conditions of Ext.P1. The only stand of the Government as put forth in the counter affidavit is that, sufficient safe guards are to be taken to have equitable distribution of sand and W.P.(C) No.11678/2010 2 also to curtail illegal transportation of river sand. It is pointed out in para 4 of the said counter affidavit that the course pursued by the panchayat is only to regulate distribution of sand scientifically, without giving any room for complaint from the public. 5. Absolutely no provision of law in any statute has been brought to the notice of this Court, so as to sustain the stand pursued by the panchayat. There is no contest from the part of the 2nd respondent panchayat as well. 6. In the said circumstances, the petitioner is entitled to succeed. The stipulation 'No.1' as incorporated in Ext.P1, issued by the panchayat, is set aside as unsustainable. The 2nd respondent shall consider the application, if preferred by the petitioners, to have registration for transportation of river sand from the 2nd respondent panchayat, on satisfying other requirements, if any. This shall be done forthwith, at any rate within 'two weeks' from the date of receipt of such application, producing a copy of this judgment. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE