JOY JOSEPH Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioners are holders of dealers licence issued by the Geologist under Rule 48C of the Kerala Minor Mineral Concession Rules. The writ petition is filed aggrieved by the search and the preparation of Exts.P3 and P4 seizure mahazars and Exts.P5 and P6 stop memos issued by the second respondent. It is pointed out that the petitioners are conducting the business strictly in accordance with the licence conditions as well as the provisions of the Minor Mineral Concession Rules.

(2.) THE search was conducted by respondents 1 and 2 on 25.5.2012 and the entire stock of sand has been seized also, alleging certain violations in the matter. Ext.P3 is the copy of the mahazar prepared by the second respondent in respect of the first petitioner and Ext.P4 is in respect of the second petitioner. In Exts.P5 and P6 it is informed to the petitioners that they should forthwith stop functioning. The petitioners also dispute the details of the balance stock. It is pointed out that they have produced various documents. Exts.P8 and P9 are the copies of the representations filed by the petitioners before the first respondent explaining various aspects. It is also averred that they are mainly importing river sand from Andhra Pradesh after paying necessary tax and duties and Exts.P10 and P11 are copies of the tax invoices and bills issued in favour of the petitioners. They are also purchasing sand in auction conducted by revenue department when they seize illegally mined river sand and Ext.P12 is produced in support of the same. Therefore, the petitioners are contending for the position that there are no illegalities in the matter.

(3.) HEARD learned counsel for the petitioners and learned Government Pleader.