IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26830 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. SUKUMARAN M.K, MADATHIKUDY HOUSE, NEENDAPARA (PO), ERNAKULAM DIST. 2. C.K.CHANDRAN, CHAKKIMANIKUNNEL HOUSE, MUTHIRAPUZHA PO, KONNATHADI, IDUKKI DIST. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE DISTRICT COLLEACTOR, COLLECTORATE, PAINAVU, IDUKKI. 2. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THODUPUZHA PO, IDUKKI DIST. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26830 OF 2009 -------------------------- Dated this the 1st day of October, 2009 J U D G M E N T Heard Sri.Jobi Jose Kondody, the learned counsel appearing for the petitioners and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioners are dealers in ordinary sand. Exts.P1 and P2 are copies of the dealers' licences issued to them by the Geologist of Idukki district under rule 48 C of the Kerala Minor Mineral Concession Rules, 1967. By Ext.P3(a) and P3(b) orders which are impugned in this writ petition, the Geologist cancelled the dealers' licences issued to the petitioners. The petitioners submit that before the dealers' licences issued to them were cancelled, they were not put on notice or heard. They also contend that the District Collector, Idukki had only directed cancellation of quarrying permits alleging violation of the conditions of permit and as they are not engaged in quarrying activity and are only dealers in sand, the Geologist acted arbitrarily in cancelling their dealers' licences. 3. The learned Government Pleader appearing for the respondents does not dispute the fact that the petitioners were not heard or put on notice before their dealers' licences were cancelled. The learned Government Pleader fairly conceded that the District Collector and the W.P.(C) No. 26830/09 2 officers of the Mining and Geology Department intended only to stop unauthorised quarrying and that the Geologist will issue notice to the petitioners and hear them, afresh. 4. In the light of the admitted fact that Exts.P1 and P2 dealers' licences were cancelled without notice to the petitioners and without affording them an opportunity to state their case, I am of the opinion that Exts.P3(a) and P3(b) orders, which are impugned in this writ petition, cannot be sustained. The Geologist has not in the impugned orders, set out the grounds on which dealers' licences issued to the petitioners are liable to be cancelled. The impugned orders disclose that the District Collector had only directed that quarrying should be stopped. I accordingly allow this writ petition, quash Exts.P3(a) and P3(b) orders impugned in this writ petition and direct that the petitioners will be entitled to continue to operate their dealers' licences in terms of the conditions and stipulations therein. I make it clear that nothing contained in this judgment will stand in the way of the respondents from proceeding against the petitioners in accordance with law, if grounds exist for cancellation of the dealers' licences issued to them. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 26830/09 3