PUSHPA MADHU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner was having a dealer's licence issued by the Geologist for stocking of sand for sale. Ext.P1 is the copy of the licence which is dated 04/04/2011 and the same was valid upto 31/03/2012. It is averred in para.2 of the writ petition that the total quantity which the petitioner was allowed to stock and sale as per Ext.P1 was 4000 MT. Alleging that the fourth respondent is trying to seize the sand collected, this writ petition has been filed.

(2.) THE petitioner has produced Ext.P3, a copy of the order issued by the District Collector directing the Geologist not to grant extension for existing licences or to grant fresh licences from 01/04/2012.

(3.) IN the statement filed on behalf of the first respondent, various details have been averred as to the background under which Ext.P3 order has been issued. It is averred in para.4 that as per the report of the Director of Vigilance and Anti-Corruption Bureau produced as Ext.R1(a), most of the sand depots in the Pathanamthitta District were under the sand lobbies and, usually, they import small quantity of sand from other States or Districts and mix it with the river sand that have been collected illegally from the nearby rivers. Many of the sand yards are situated near the river banks. Various details of the complaints received in the matter have been reiterated. Finally, in para.13, it is mentioned that the Tahsildar, Adoor reported that about 3 loads of sand are left in the sand yard and no action is taken to seize the same.