High Court of KeralaWP(C)/12700/2015dismissed as withdrawn

Shajahan v. The State Of Kerala

2015-04-24Honourable Mr. Justice Anil K.Narendran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 24TH DAY OF APRIL 2015/4TH VAISAKHA, 1937 WP(C).No. 12700 of 2015 (J) ---------------------------- PETITIONER(S) :- ----------------- SHAJAHAN, AGED 40 YEARS, S/O.RASAVKUTTY RAWTHER RESIDING AT PARAVILATHEKKETHIL ADHIKKATTUKULANGARA P.O, PALAMEL, ALAPPUZHA DIST. 690501 BY ADV. SRI.M.G.SREEJITH RESPONDENT(S) :- -----------------

1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINING AND GEOLOGY GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY ALAPPUZHA DISTRICT OFFICE, MINI CIVIL STATION CHERTHALA - 690 552.

BY GOVERNMENT PLEADER SRI.VINCENT K.C.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No. 12700 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P1 : TRUE COPY OF THE COMMUNICATION DATED 06.12.2014. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.S. TO JUDGE

ANIL K.NARENDRAN, J ---------------------------------------------- W.P(C).No.12700 of 2015 ---------------------------------------------- Dated this the 24th April, 2015

JUDGMENT

This Writ Petition is filed seeking a writ of certiorari to quash Exhibit P1 order by which the request made by the petitioner for dealer's licence for ordinary sand was rejected by the second respondent.

2. The learned Government Pleader would point out that going by sub-rule (4) of Rule 3 of the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules, 2015, there is prohibition of issuing mining dealers licence to persons for stocking and selling of sand which comes under the purview of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and also ordinary earth.

3. In view of the above submission of the learned Government Pleader, learned counsel for the petitioner seeks permission to withdraw the Writ Petition without

WP(C).12700/15 prejudice to the rights of the petitioner to approach this Court again challenging the aforesaid statutory provision. Permission is granted and the Writ Petition is dismissed as withdrawn with the liberty as aforesaid.

ANIL K.NARENDRAN JUDGE vgs25/4/15