High Court of KeralaWP(C)/31410/2015disposed of

Santhosh v. The District Geologist

2015-10-15Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 31410 of 2015 (A) --------------------------------------- PETITIONER(S):

---------------------- SANTHOSH, AGED 31 YEARS, S/O.KRISHNANKUTTY, K.S.NIVAS, NELLEPALLY P.O., NELLEPALLY VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

-------------------------- 1.

THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT-678553.

THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MING AND GEOLOGY, KISAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM-695001.

THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31410 of 2015 (A) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

TRUE COPY OF THE APPLICATION DATED 22/9/15 SUBMITTTED BY THE PETITIONER BEFORE THE R1 P2:

TRUE COPY OF THE JUDGMENT DATED 16/9/15 IN WRIT APPEAL NO.183/14. RESPONDENTS' EXHIBIT ------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 31410 of 2015 ------------------------------------------- Dated this the 15th October, 2015

JUDGMENT

The petitioner wants to have a dealer's licence for stock and sale of weathered sand. The petitioner's case is that a Division Bench of this court in W.A.No.107/2014 and connected cases held that weathered sand cannot be classified as ordinary earth, whereas it falls under item (xxvii) coming under 'Sand (others)' in the Central government notification dated 10.2.2015.

2. In that view of the matter, there shall be a direction to the first respondent to consider the application for dealer's licence in the light of the judgment in W.A.No.107 of 2014 and connected cases dated 16.9.2015 within a period of one month from the date of receipt of a copy of this judgment. If the dealer's licence is granted, necessarily OA forms shall be issued to the petitioner as well.

The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs15/10/15