ABOOBACKER MALIK Vs. GEOLOGIST

JUDGEMENT

(1.) THE petitioner is seeking for a direction to the respondents to allow transportation of weathered sand without insisting for any permit from the Mining and Geology Department.

(2.) THE petitioner has produced along with the writ petition, Ext.P4 judgment of the Division Bench of this court in W.A.No.1570 of 2011, wherein the view taken is that so far as weathered sand is concerned, it is a manufactured item and therefore, it is not a minor mineral and therefore transportation of weathered sand will not require P forms issued by the Geologist. The petitioner has produced as Ext.P5, the registration certificate under the KVAT Act to show that the petitioner is having registration with respect to the said item. Today, along with I.A.No.15651 of 2012, the petitioner has produced a copy of the license issued by the panchayat showing that he has obtained license for manufacture of weathered sand also. As far as the legal issue is concerned, it has already been declared by this court in Ext.P4 judgment wherein it has been held in paragraph 3 as follows.

(3.) HENCE the permit from the Geologist, or P forms issued under the Kerala Minor Mineral Concession Rules are not required for transportation and it is declared so.