IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 18571 of 2006(J) -------------------------- PETITIONER(S): --------------- C.MUHAMMED ALI, CHUNDAYIL HOUSE, PATTARKADAVU, PANAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.HASEENA BEERAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. 2. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 3. TAHASILDAR, ERANADU, MALAPPURAM DISTRICT. 4. GEOLOGIST, MINING & GEOLOGY DEPARTMENT, MALAPPURAM, MANJERI P.O. 5. MALAPPURAM MUNICIPALITY, REP. BY ITS SECRETARY, MALAPPURAM. R1 TO R4 BY G.P. SMT.SMITHA SUKUMARAN NAIR ADV. SRI.BABU S. NAIR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008, ALONG WITH WPC NO.31794 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 18571/2006) PETITIONER'S EXHIBITS: P1: TRUE COPY OF LICENCE ISSUED BY R4 TO PETITIONER DT.3.1.2005. P2: TRUE COPY OF EXTRACTS OF LICENCE ISSUED BY R4 TO PETITIONER DT.3.1.2006. P3: .DO. DT.3.2.2006. P4: TRUE COPY OF RECEIPT ISSUED BY R2 TO PETITIONER DT.12.5.2006. P5: TRUE COPY OF NOTICE ISSUED BY R1 TO PETITIONER DT.25.3.1006. P6: TRUE COPY OF ORDER PASSED BY R1 DT.5.7.2006. (TRUE COPY) PA TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C). Nos.18571 of 2006 & 31794 of 2007 -------------------------------------------- Dated this the 5th day of December, 2008 JUDGMENT The common petitioner was granted licence by the Geologist for storing river sand. The District Collector cancelled the licence in 2006 on the ground that Geologist has no authority to grant licence for storage. Government Pleader submitted that District Collector is justified because Geologist is only dealing with mining licence. In other words, storage and trading are regulatory provisions administered by the District Collector. In any case, I do not think this dispute between two departments should be settled by this Court. In fact in a recent decision this Court has held that District Collector is the authority to decide on all matters pertaining to storage, trading and transport of river sand under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Sand stored was allowed to be removed by petitioner by this Court on furnishing bank guarantee. In the circumstances, WPC is disposed of directing the District Collector to consider whether river sand stored by the petitioner is 2 sourced from authorised channel and if so release the bank guarantee to the petitioner, and if the petitioner is found to have sourced river sand from illegitimate source, the Bank Guarantee should be adjusted against penalty or fine payable. I make it clear that security should not be adjusted merely because licence is issued by a wrong authority. In other words, what is required to be considered is petitioner's eligibility for licence, though not issued by right authority, and if the Collector finds that it is a matter of irregularity in Geologist issuing licence, instead of him, he should not penalise the petitioner. W.P.(C)s are disposed of directing the District Collector to pass fresh orders after hearing the petitioner within a period of two months from the date of receipt of a copy of this judgment. (C.N. RAMACHANDRAN NAIR) Judge kk