IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 3899 of 2010(J) ------------------------------------ PETITIONER(S): --------------------- REJESH.P.R S/O. RAJAN, POTTEKKAT HOUSE, KOZHUKULLY.P.O., THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN. RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE MANNUTHY POLICE STATION, THRISSUR DISTRICT. 2. SUPERINTENDENT OF POLICE, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERMENT. HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR. BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.3899 of 2010-J ---------------------------------------------- Dated, this the 10th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following reliefs: “i). to issue a writ of mandamus or any other appropriate writ restraining the Ist respondent from interfering with the transportation of manufactured red filter sand by the petitioner if carried out in accordance with the condition of Exhibit P1 licence as well as in accordance with the Kerala Minor Mineral Concession Rules 1967. ii) to issue a writ of mandamus or any other appropriate writ commanding the 2nd respondent to consider and dispose of Exhibit P6 representation filed by the petitioner.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is having licence for selling filter sand. According to the petitioner, he is issued with Certificate of Registration under the Kerala Value Added Tax Act. It is also stated that he has obtained consent from the neighbors for stock and sale of minor minerals in the premises. It is also stated that he has made an application before the District Industries Centre, Thrissur for stocking and selling red earth filter sand. According to him, he has established a Micro Small Enterprise for providing and rendering manufacture and sale of red earth filter sand. It is his further case that he is permitted to stock upto 4000 M.T red earth filter sand and WPC No.3899/2010 -2- loose soil is purchased from various places which is filtered and sold as manufactured sand after collecting 4% value added tax. It is stated that police officers are obstructing his business. 3. We had directed the learned Government Pleader to get instruction. Learned Government Pleader would submit that a case has been registered as Crime No.742/2009 under the Minor Mineral Concession Rules 1967. It is also submitted that the petitioner was arrested and he was released on bail. It is further submitted that there will be no harassment. Without prejudice to the right of the authorities to proceed in accordance with law and recording the submission made by the learned Government Pleader that there will be no harassment, we close this writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS