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Judgment
Justice T.R. Ramachandran Nair
In both these Writ Petitions, the petitioners are seeking for a licence from the respective Panchayats to conduct the business of ''Matti Stone Sand'' (weathered rock sand). It is submitted that the Panchayats insist for production of permit by the Geologist. It is contended that the item is not a minor mineral and it is not covered by the provisions of the Minor Mineral Concession Rules. Heard the learned Government Pleader for respondents.
In fact a Division Bench of this Court in Writ Appeal No. 1570/2011, produced as Exhibit P1 in both the Writ Petitions, has considered the very same dispute and in paragraph No. 3 it has been held as follows:
So far as weathered sand is concerned, since it is a manufactured product and since the respondents are dealers, they have to necessarily take registration under the KVAT Act and use delivery note or sale bill or other documents prescribed under the KVAT Act and Rules for transport of the same...
Therefore it is clear that since weathered sand is not a minor mineral, permit from the Geologist is not required and even for transportation, what is required is only a registration under the KVAT Act and the Rules and a delivery note or sale bill or other documents and in Exhibit P3 judgment also a similar issue was considered. Therefore, without insisting for production of the permit from the Geologist, appropriate decision will be taken by the respective Panchayats on the application submitted by the petitioners produced as Exhibit P2 in both the Writ Petitions, within a period of one month from the date of production of a certified copy of this judgment along with a copy of the respective writ Petitions.
The writ Petitions are disposed of as above.