MOHAMMED HANEEFA Vs. DEPUTY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT AND APPELLATE AUTHORITYLABIC

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P3 order dated 26.04.2017 issued by the 2nd respondent, declining depot registration to the petitioner under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 [hereinafter called, 'the Rules, 2015], on the basis of the directions issued by the District Collector, as per communication bearing No.G5-694/2017, and also to quash Ext.P8 order passed by the 2nd respondent, on remand in appeal. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a dealer in building materials for which licences have been issued by the Kumbla Grama Panchayat. Petitioner submitted Ext.P2 application before the 2nd respondent in Form-A seeking registration for starting a Mineral Sales Depot for stocking and sale of sand, at Pavur Village of Manjeshwar Taluk, Kasaragod District, since as per the provisions of the Rules, 2015, a registration is required from the 2nd respondent. However, Ext.P2 application was rejected as per Ext.P3 order, which, according to the petitioner, was done without hearing the petitioner.

(3.) Aggrieved by Ext.P3 order, petitioner preferred Ext.P4 statutory appeal before the 1st respondent, and thereafter secured a judgment in W.P.(C) No.34127 of 2017, directing the 1st respondent to pass orders on Ext.P4 appeal. Pursuant to the said direction, 1st respondent set aside Ext.P3 order as per Ext.P5 order dated 09.01.2018, and directed the 2nd respondent to reconsider the matter after hearing the petitioner. Thereupon, notice was issued and hearing was conducted, however, the application was again rejected as per Ext.P8 order, assigning the reason that in Manjeshwaram Police Station limits, unauthorized transportation of sand is taking place and this has led to law and order situation in the area. These are the basic background facts projected by the petitioner in order to secure the reliefs specified above.