IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 5401 of 2010(A) ------------------------------------------------ PETITIONER(S): ---------------------- REJESH P.R., S/O. RAJAN, POTTEKKAT HOUSE, KOZHIKULLY P.O., THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. 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 GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR. 5. THE SECRETARY, NADATHARA GRAMA PANCHAYATH, NADATHARA, THRISSUR DISTIRCT. W.P.(C).NO.5401 OF 2010 A 6. DISTRICT COLLECTOR, THRISSUR. R1 TO R4 & R6 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. ADV. SRI.T.C.SURESH MENON FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010 ALONG WITH WPC NO. 5617 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.5401 OF 2010 A PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LICENCE ISSUED UNDER RULE 40 OF THE KERALA MINOR MINERAL CONCESSION RULES 1967 VIDE PROCEEDINGS DATED 02.04.2009. EXT.P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DEPARTMENT OF KERALA VALUE ADDED TAX ON 02.11.2009. EXT.P3 TRUE COPY OF THE CONSENT LETTER ISSUED BY ONE OF THE NEIGHBOUR P.S. RAMAKRISHNAN OF KOZHUKULLY VILLAGE ISSUED IN FAVOUR OF THE SECRETARY, NADATHARA GRAMA PANCHAYATH. EXT.P4 TRUE COPY OF THE CONSENT LETTER ISSUED BY ONE OF THE NEIGHBOUR P.S. NARAYANAN OF KOZHUKULLY VILLAGE ISSUED IN FAVOUR OF THE SECRETARY, NADATHARA GRAMA PANCHAYAT. EXT.P5 TRUE COPY OF THE ACKNOWLEDGMENT DATED 04.07.2008 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, THRISSUR. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 03.01.2010 FILED BEFORE THE 2ND RESPONDENT EXPRESSING HIS GRIEVANCES. EXT.P7 TRUE COPY OF THE NEWS ITEM REPORTED IN MATHRUBHOOMI DAILY DATED 13.02.2010. EXT.P8 TRUE COPY OF THE NEWS ITEM REPORTED IN DESHABHIMANI DAILY DATED 13.02.2010. EXT.P9 TRUE COPY OF THE LIST OF ARTICLES SEIZED BY THE 1ST RESPONDENT. EXT.P10 TRUE COPY OF THE INVOICE ISSUED FROM M/S. PSN CONSTRUCTIONS EQUIPMENT PRIVATE LIMITED EVIDENCING OWNERSHIP OF TATRA HITACHI EX-70 HYDRAULIC EXCAVATOR. EXT.P11 TRUE COPY OF THE AGREEMENT DATED 17.09.2009 EXECUTED BY THE PETITIONER EVIDENCING PURCHASE OF TATA HITACHI EX-100 HYDRAULIC EXCAVATOR . EXT.P12 TRUE COPY OF THE REGISTRATION CERTIFICATE OF LORRY NO.KL-8D- 7074. EXT.P13 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.3 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P14 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST PAGE NO.4 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P15 TRUE COPY OF ENDORSEMENT MADE BY THE GEOLOGIST PAGE NO.8 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P16 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST PAGE NO.15 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P17 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.22 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P18 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.29 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P19 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.34 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P20 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.44 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P21 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.50 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P22 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.54 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P23 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.66 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P24 TRUE COPY OF THE ENDORSEMENT MADE BY THE GEOLOGIST IN PAGE NO.8 DATED 15.6.09 OF THE REGISTER MAINTAINED BY THE PETITIONER. EXT.P25 TRUE COPY OF THE JUDGMENT MADE IN W.P;(C).NO.3899/2010 DATED 10.02.2010. EXT.P26 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE INDUSTRIES DEPARTMENT ON 25.02.2010 VIDE ACKNOWLEDGMENT NO.4863. RESPONDENTS EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NOS. 5401/10 A & 5617/10 B --------------------------------------------------- Dated this the 8th March, 2010 JUDGMENT K.M. Joseph, J. Petitioner in W.P.(C).No.5401 of 2010 is the first petitioner in W.P.(C).No.5617 of 2010 and the second petitioner therein is a lorry owner. Petitioner in W.P.(C).No.5401 of 2010 is armed with permission granted by the Geologist to display the stock and sell red earth filter sand under Ext.P1 Permit. He has also obtained registration under the Kerala Value Added Tax Act. According to the petitioner, he has also obtained permision from the District Industries Centre. His complaint is that while he is carrying on business, he is being resisted by the police by conducting raid and seizure. According to him, two Earth Movers and one lorry and other equipments including motor pump sets were seized by the first respondent. It is not dispute that the matter is pending consideration before the District Collector, Thrissur. Learned counsel for the petitioners would WPC.NOS.5401 & 5617/2010 2 submit that a decision may be taken by the District Collector at the earliest. The Writ Petitions are disposed of directing the District Collector, Thrissur, who is the sixth respondent in W.P. (C).No.5401/2010 and third respondent in the other Writ Petition, to consider and take a decision in the matter relating to the petitioners in accordance with law, after hearing the petitioner and the Panchayat, within a period of ten days from the date of production of a copy of this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge