Back
2012 Supreme(Online)(KER) 45196
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
M M SHIBU – Appellant
Versus
DIRECTOR GENERAL OF POLICE – Respondent
WRIT PETITION (CIVIL) 12865/2012
Weathered sand manufacturing does not require a Geologist's permit under the Minor Mineral Concession Rules, but transportation inspections are permissible.
Headnote:
Manufacturing - Sand Mining - Minor Mineral Concession Rules - Kerala Protection of River Banks and Regulation of Removal of Sand Act - The court interpreted the Minor Mineral Concession Rules to confirm that weathered sand does not necessitate a manufacturing licence from the Geologist, while still allowing inspections to ensure compliance with transport regulations.
Fact of the Case:
The petitioner operated a sand crusher unit and was issued a licence by the local Panchayat. However, their application for a manufacturing licence was rejected on the grounds that weathered sand fell outside the regulatory scope of the Minor Mineral Concession Rules.
Finding of the Court:
The court established that weathered sand is not classified under the provisions requiring a Geologist's permit according to the Minor Mineral Concession Rules. Although the petitioner can manufacture and transport weathered sand, authorities can still conduct inspections related to the transportation of materials.
Issues: The main issue was whether a licence from the Geologist was required for manufacturing weathered sand under the Minor Mineral Concession Rules.
Ratio Decidendi: The court ruled that weathered sand is not considered a minor mineral requiring a permit under the applicable rules, confirming the legality of the petitioner's activities while maintaining the authority to inspect transportation.
Final Decision: The court declared that no Geologist's licence is required for manufacturing weathered sand, though inspections regarding transportation are allowed.
JUDGMENT
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 .
2. 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 .
3. 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. 4. 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 .
T.R.RAMACHANDRAN NAIR, JUDGE
