LAWS(KER)-2023-3-60

HAMEEDA BASHEER Vs. SAJEEV T.

Decided On March 01, 2023
Hameeda Basheer Appellant
V/S
Sajeev T. Respondents

JUDGEMENT

(1.) The dispute between the parties falls on a narrow compass. The appellant is the owner of the land comprised in Re.Sy.No.168/3 of Pallickal Village, Adoor Taluk, Pathananthitta. The registration and dealer's licence were issued to the first respondent herein namely, Sajeev T.s. under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (for short "Rules"). There appears to have an agreement between the appellant and the first respondent initially, and based on that, the registration and dealer's licence were issued. The dealer's licence issued has been renewed annually. The appellant has a case that when the first respondent obtained dealer's licence on 11/4/2022, no consent letter has been issued to the first respondent by her and the consent letter produced before the authority was a forged one.

(2.) The learned senior counsel for the first respondent submits that consent was obtained in the year 2020 and acting upon the consent letter, renewal of dealer's licence was granted from time to time.

(3.) Acting upon the complaint of the appellant, the District Geologist, Pathanamthitta initiated proceedings and passed an order on 8/6/2022 cancelling the registration and dealer's licence. This was challenged before the learned Single Judge.