PADANNA LIME SHELL Vs. DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM

JUDGEMENT

(1.) These writ petitions are filed seeking a direction for issuance of dealer's licence and transit permit in respect of lime shells. According to the petitioners, this request was not acted upon on the ground that they are not Co-operative Societies.

(2.) There is no dispute to the fact that the lime shell is a minor mineral as envisaged in Section 3(e) of the Mines And Minerals (Development and Regulation) Act, 1957 (for short, 'MMDR Act') and the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules, 2015 (for short, ' the Rules').

(3.) According to the petitioners, they approached the authorities for dealers' licence and transit pass and the same being refused citing Ext.P2 circular, dated 16.10.2017, issued by the 1st respondent-Director of Fisheries. By this circular, the 1st respondent ordered that collection and transportation of lime shells can only be permitted to the Co-operative Societies formed by employees who are engaged in collection of lime shells.