M.M. Shibu vs The District Geologist Ernakulam, Kakkanadu Department of Mining and Geology, Civil Station, Kakkanad-682021, Director of Mining and Geology, Directorate of Mining and Geology, keshavadasapuram pattom P.O., Thiruvananthapuram, Director General of Police, Thiruvananthapuram and Superintendent of Police Ernakulam (Rural), Aluva

T.R. Ramachandran Nair, J.—The petitioner is stated to be conducting a sand crusher unit within the limit of Koovappady Grama Panchayat. Ext.P1 is the licence issued by the Secretary, Koovappady Grama Panchayat which is valid up to 31/03/2013. The petitioner submits that licences have been issued by the District Medical Officer, Ernakulam and the Pollution Control Board also. Ext.P2 is the copy of the licence issued by the 1st respondent which was valid up to 31.03.2010. After he sought for removal of it he was served with an order by the Geologist stating that petitioner''s application stands rejected on the reason that weathered rock sand will not come within the provisions of the Minor Mineral Concession Rules. The petitioner is relying on Ext.P5 communication issued by the Director of Mining and Geology to the Senior Geologist stating that weathered sand is not covered under Rule 8(A) or Schedule I of Minor Mineral Concession Rules, 1967 and therefore Geologist is not the authority to issue manufacturing licence. The petitioner is also relying upon the judgment of this Court in Ext.P6 wherein the legal position has been laid down. The petitioner seeks for a declaration that no licence, permit or ''P'' form from the Geology department is required for the manufacturing of weathered sand under the Minor Mineral Concession Rules.

Heard the learned Government Pleader who submitted that the petitioner, even though is dealing with weathered sand which does not require permit under the Kerala Minor Mineral Concession Rules, a Police officer can verify the goods transported by the petitioner to satisfy about the materials being transported and can find out whether any of the items permitted by the Geology Department or covered by the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act are being transported. Going by the provisions of the Rules the item weathered sand does not require a permit from the Geologist. There will be a declaration to that effect. But this will not prejudice the right of the official concerned to inspect the petitioner''s vehicle to see whether he is transporting weathered sand itself. The petitioner will be free to transport the weathered sand after the payment of tax under the K.V.A.T. Act.