IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 16956 of 2011(T) -------------------------- PETITIONER(S): --------------- K.J.GEORGE, AGED 60 YEARS, S/O.JOHN, KADAMKULAM HOUSE, AYAVANAM (PO), ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THODUPUZHA, IDUKKI DISTRICT - 685001. GP SRI. T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16956 of 2011 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE DEALERS LICENSE DATED 3.9.10 ISSUED BY THE RESPONDENT TO THE PETITIONER WHICH IS VALIDO UPTO 31.3.11 EXT.P2- A TRUE COPY OF THE ORDER DATED 27.1.11 ISSUED BY THE RESPONDENT TO THE PETITIONER EXT.P3- A TRUE COPY OF THE EXTRACT OF THE REGISTER MAINTAINED BY the PETITIONER IN FORM 'M' DULY SIGNED BY THE OFFICE OF THE RESPONDENT DATED 4.4.11 EXT.P4- A TRUE COPY OF THE ORDER DATED 27.4.11 ISSUED BY THE RESPONDENT TO THE PETITIONER (True Copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).16956/2011 .............................................. Dated this the 5th day of July, 2011 JUDGMENT Ext.P1 is a dealers licence granted to the petitioner under the provisions of the Kerala Minor Mineral Concession Rules, 1967. The period of the licence expired on 31.3.2011. Petitioner applied for its renewal; but the request was rejected by Ext.P4 order by the respondent. The reason stated in Ext.P4 is that complaints have been received against illegal sand mining and that the respondent does not have any infrastructure to supervise the activities of the licensees. It is stated that, therefore, there is a possibility of misuse of license conditions and hence renewal cannot be granted. 2. In my view, the reasons stated in Ext.P4 are totally arbitrary. It is not mentioned in Ext.P4 that the petitioner has violated any of the terms of the licence. In such circumstances, unsubstantiated assumption of possibility of misuse, can be of no reason to decline renewal. For that reason, Ext.P4 is unsustainable and it is quashed. W.P.(C).16956/11 2 3. Respondent is directed to consider the application dated 30.3.2011 made by the petitioner for renewal of his licence and pass orders thereon, in accordance with law, as expeditiously as possible, at any rate, within 'four weeks' of production of a copy of this judgment along with the copy of the writ petition. The writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs