High Court of KeralaWP(C)/14424/2015disposed of

Moideenkutty Naha v. The Senior Geologist, Ernakulam

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14424 of 2015 (C) ---------------------------- PETITIONER:

------------------- MOIDEENKUTTY NAHA, S/O.ALIYAR, AGED 42 YEARS, PUTHIYAKKAPARAMBIL, ERAMALLOOR P.O, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

-------------------------

1. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM DISTRICT-682 030.

2. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695 001.

3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

BYSENIOR GOVT. PLEADER SRI.MOHAMMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 14424 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHBIIT P1:

TRUE COPY OF THE DEALERS LICENCE DATED 30-06-2014 ISSUED BY THE FIRST RESPONDENT TO THE PETITIOENR.

EXHBITI P2 :

TRUE COPY OF RELEVANT PAGE OF PURCHASE AND SALE REGISTER OF PETITIOENR IN FORM M WHICH WAS CERTIFIED BY THE FIRST RESPONDENT.

EXHBIIT P3 :

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 28-04-2015. RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.14424 of 2015 ============================ Dated this the 12th day of May, 2015

JUDGMENT

Petitioner is the holder of Ext.P1 Dealers License for stock and sale of weathered sand. The license was valid upto 31.03.2015. Petitioner approached the first respondent with a request for renewal of Ext.P1 license and issue O(A) forms, but that was rejected. Aggrieved, petitioner approached this Court for issuance of O(A) form to transport existing stock of weathered sand in his yard.

In that view of the matter, if the petitioner has collected weathered sand based on valid permit, after verifying the stock register and on being satisfied that stock is based on valid permit, necessary O(A) forms shall be issued to the petitioner to transport the same. Before issuance of O(A) forms, Geologist shall conduct site inspection. Needful shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/13/05/15