PRAKASAN K V S/O VASU; LATEESH P S/O PURUSHOTHAMAN; REJI S NALANDA; N PEETHAMBARAN; V G AMBUJAKSHSAN; O N SADANADAN S/O NARAYANAN; K R SAHAJAN S/O RAGHAVAN; SUBHASH S/O SREEDHARAN Vs. DISTRICT COLLECTOR, COLLECTORATE; GEOLOGIST, MINING AND GEOLOGY

JUDGEMENT

(1.) Heard Sri.Babu Paul, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents.

(2.) The petitioners are dealers in ordinary sand. Exts.P1 to P8 are the dealers' licences issued to them by the Geologist of Kottayam district. By Exts.P9 to P16 orders dated 18.8.2009 which are impugned in this writ petition, the Geologist of Kottayam district suspended the operation of Exts.P1 to P8 licences. The petitioners challenge Exts.P9 to P16 on the ground that before the said orders were passed, they were not put on notice or heard. The petitioners contend that what is prohibited by the District Collector is only mining of sand and not the sale of sand already mined and collected and therefore on the merits also, the orders are liable to be set aside.

(3.) Sri.P.Narayanan, the learned Government Pleader appearing for the respondents does not dispute the fact that the petitioners were not put on notice or heard before Exts.P1 to P8 licences were suspended. It is submitted that the District Collector and the officers of Mining and Geology Department, Kottayam intended only to stop unauthorized quarrying and mining of sand.