Sumesh Kumar P.V Vs. the Director

Sumesh Kumar P.V vs The Director

Type Court Judgment Court Kerala Decided Feb 24, 2014

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https://sooperkanoon.com/case/1131693

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Citation: sooperkanoon.com/1131693
Court: Kerala High Court
Judge: Honourable Mr.Justice P.N.Ravindran
Decided On: Feb 24, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sumesh Kumar P.V

Respondent

The Director

Excerpt

.....concession rules, 1967.2. the main contention raised in the writ petition is that this court has in ext.p8 judgment delivered in w.p.(c)no.4415 of 2013 and connected cases held that by virtue of the operation of the provisions contained in the mines and minerals (development and regulation) act, 1957 for setting up a weathered sand manufacturing unit, or to deal with weathered rock/weathered sand, w.p.(c)no.5008 of 2014 2 it is obligatory for the concerned persons to obtain a dealers license as well from the competent authorities under the mining and geology department and therefore, the respondents cannot contend that applications for such license will not be entertained.3. when the writ petition came up for hearing today, sri.k.c.vincent, learned senior government pleader appearing for the state of kerala submitted on instructions received from the first respondent that in the event of the petitioner submitting an application for permit/license for a dealers license to stock and sell weathered sand/weathered rock, the first respondent will counter sign the challan for payment of the requisite fee and in the event of an application being submitted for a permit/license to stock and sell weathered sand/weathered rock, take an appropriate decision on the application expeditiously thereafter. in the light of the aforesaid submission, i dispose of the writ petition with a direction to the second respondent to counter sign the challan for payment of the requisite fee for the purpose of submitting an application for license/permit to stock and sell weathered sand/weathered rock on the day such an application is w.p.(c)no.5008 of 2014 3 filed and thereafter receive the application along with the receipt evidencing payment of fee, process it and dispose it of expeditiously and in any event within one month from the date of receipt of the application. sd/- p.n.ravindran judge vpv

Full Judgment

IN THE HIGH COURT OF KERALAATERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY,THE24H DAYOF FEBRUARY20145TH PHALGUNA, 1935 WP(C).No. 5008 of 2014 (A) --------------------------- PETITIONER : -------------------------- SUMESH KUMAR P.V AGED33YEARS S/O. VELAYUDHAN,PARACHALIL HOUSE, MYLAKOMBU.P.O. PAINKULAM, IDUKKI DISTRICT. BY ADV.SRI.JOBI JOSE KONDODY RESPONDENTS : ---------------------------- 1. THE DIRECTOR MINING AND GEOLOGYDEPARTMENT DIRECTORATE OF MINING AND GEOLOGY PATTOM PALACE.P.O.,KESAVADASAPURAM THIRUVANANANTHAPURAM-695004.

2. THE GEOLOGIST, MINING AND GEOLOGYDISTRICT OFFICE, IDUKKI MINI CIVIL STATION, THODUPUZHA IDUKKI DISTRICT-685584. R BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2402-2014, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: WP(C).No. 5008 of 2014 (A) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. A TRUE COPY OF THE QUARRYING PERMIT DATED182-2010 VALID UPTO172-211 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P2. A TRUE CPY OF THE DEALERS LICENSE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED222-2010 VALID UPTO313-2011. EXT.P3. A TRUE COPY OF THE JUDGMENT

DATED25-10-2011 PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN WRIT APPEALNO. 1570 OF2011 EXT.P4. A TRUE COPY OF JUDGMENT

DATED23-12-11 IN WPC NO. 34889 OF 2011 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT. EXT.P5. A TRUE COPY OF THE JUDGMENT

DATED6-7-2012 IN WPC NO10898OF 2012 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT. EXT.P6. A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OBTAINED BY THE PETITIONER FROM THE COMMERCIAL TAX DEPARTMENT, THODUPUZHA DATED242-2012. EXT.P7. A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT HEREIN IN WPC NO. 4415 OF2013 EXT.P8. A TRUE COPY OF THE JUDGMENT

DATED10-12-13 IN WPC NO. 4415 OF 2013 PASSED BY THE LEARNED SIGNLE JUDGE OF THIS HONOURABLE COURT. EXT.P9. A TRUE COPY OF THE INTERIM ORDER

DATED52-2014 IN W.A. NO. 107 OF 2014 OF THIS HONOURABLE COURT. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- /TRUE COPY/ P.ATO JUDGE AV P.N.RAVINDRAN, J.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.5008 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of February, 2014 JUDGMENT

The petitioner, who owns a quarrying permit to mine weathered rock and also possesses a dealers license to stock and sell weathered sand, has filed this writ petition mainly for an order directing the second respondent to issue a counter signed challan form so as to enable him to submit an application for obtaining a dealers license to stock and sell weathered sand/weathered rock and a further order directing the second respondent to consider such an application in accordance with the provisions contained in the Kerala Minor Mineral Concession Rules, 1967.

2. The main contention raised in the writ petition is that this Court has in Ext.P8 judgment delivered in W.P.(C)No.4415 of 2013 and connected cases held that by virtue of the operation of the provisions contained in the Mines and Minerals (Development and Regulation) Act, 1957 for setting up a weathered sand manufacturing unit, or to deal with weathered rock/weathered sand, W.P.(C)No.5008 of 2014 2 it is obligatory for the concerned persons to obtain a dealers license as well from the competent authorities under the Mining and Geology Department and therefore, the respondents cannot contend that applications for such license will not be entertained.

3. When the writ petition came up for hearing today, Sri.K.C.Vincent, learned Senior Government Pleader appearing for the State of Kerala submitted on instructions received from the first respondent that in the event of the petitioner submitting an application for permit/license for a dealers license to stock and sell weathered sand/weathered rock, the first respondent will counter sign the challan for payment of the requisite fee and in the event of an application being submitted for a permit/license to stock and sell weathered sand/weathered rock, take an appropriate decision on the application expeditiously thereafter. In the light of the aforesaid submission, I dispose of the writ petition with a direction to the second respondent to counter sign the challan for payment of the requisite fee for the purpose of submitting an application for license/permit to stock and sell weathered sand/weathered rock on the day such an application is W.P.(C)No.5008 of 2014 3 filed and thereafter receive the application along with the receipt evidencing payment of fee, process it and dispose it of expeditiously and in any event within one month from the date of receipt of the application. Sd/- P.N.RAVINDRAN JUDGE vpv

Same Court & Year Kerala · 2014 Same Parties Sumesh Kumar P.V vs The Director Same Subject Education Same Judge Honourable Mr.Justice P.N.Ravindran