LAWS(KER)-2009-8-134

V.R. DEVARAJAN Vs. THE DISTRICT COLLECTOR,

Decided On August 14, 2009
V.R. Devarajan Appellant
V/S
The District Collector, Respondents

JUDGEMENT

(1.) ALMOST similar facts are involved in these writ petitions and therefore, they have been heard together and are being disposed of by this common judgment. I will discuss the facts in W.P.(C) No. 18287/09 in the first instance.

(2.) THE petitioner has a dealer's licence, entitling him to stock 4000 MT of ordinary sand issued under Rule 45 -C of the The Kerala Minor Mineral Concession Rules, 1967 (hereinafter referred to as the Rules). The stock yard of the petitioner referred to in Ext.P1 licence is comprised in Survey No. 84/21 -C of Vadakkemuri Village. The petitioner had taken the said land on a lease from one Bhaskaran as per Ext.P2 agreement.

(3.) ON 29.6.2009, the 3rd respondent came to the stock yard of the petitioner and asked the manager of the petitioner to show the authority permitting to stock the sand found in the property. The petitioner produced Exts.P1 and P2. The stock which was taken into custody by the 3rd respondent and then entrusted on a kacheet under Ext.P3. The petitioner has a further case that he has kept statement of accounts as per Form -M.