Dismissed

M.C.Satheesan v. the Circle Inspector of Police

Kerala HC19 Oct 2010WP(C)/15183/2007

Case brief

AI extract

What is this about?

Petitioner challenging requirement for district pass to transport river sand. Court examined relevant mineral rules and protection of river banks rules.

What did the court decide?

The writ petition is dismissed; the requirement of a district pass for transporting river sand remains valid under Rule 29(c) of the Kerala Protection of River Banks and Regulation of Removal of Sand

M.C.Satheesan Vs the Circle Inspector of Police — Environment and Pollution | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932

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WP(C).No. 15183 of 2007(G)

PETITIONER(S):

M.C.SATHEESAN, AGED 35, S/O.CHANDRAN, MARATH HOUSE, CHOONDAL DESOM, THRISSUR DISTRICT.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT(S):

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THE CIRCLE INSPECTOR OF POLICE, KUNNAKULAM POLICE STATION, KUNNAKULAM P.O., THRISSUR DISTRICT.

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THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT.

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THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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GOVT. PLEADER SHRI.ARAVINDA KUMAR BABU.T.K.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 15183/2007

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1. COPY OF THE RECEIPT DTD.26.4.07.

///True copy///

P.A. to Judge

S.SIRI JAGAN, J.

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W.P.(C).No.15183 of 2007

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==================

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Dated this the 19^th day of October, 2010 J U D G M E N T

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The petitioner is a dealer in sand. He is aggrieved by the insistence by the respondents on district passes for transporting river sand. According to the petitioner, there is no provision in the Mines and Minerals (Development and Regulation) Rules, 1957, or the Kerala Minor Mineral Concession Rules, 1967, insisting on a district pass to transport river sand. The petitioner, therefore, seeks the following

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reliefs;

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“i) Call for the records leading to the proceedings in Ext.P1 and may be pleased to quash the same holding that no district pass for transporting sand is required under the provisions of the Mines and Minerals (Development and Regulation) Rules, 1957 or under the Kerala Minor Mineral Concession Rules, 1967.

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ii) To issue an appropriate writ, order or direction commanding the 1^st respondent or the third respondent to desist from imposing any punishments by way of fine as is evident in Ext.P1, by holding that those authorities do not have any right to do so.”

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A statement has been filed by the 2^nd respondent stating that as per Rule 29(c) of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002, for transporting river sand outside a district or the State, permission from the officer authorised by the District Collector is necessary.

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I have considered the arguments of the petitioner as well

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as that of the learned Government Pleader.

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w.p.c.15183/07

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Rule 29(c) of the Kerala Protection of River Banks and

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Regulation of Removal of Sand Rules, 2002, reads thus:

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“29. Additional provisions on Sand Mining Activities.-

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xxx xxx xxx xxx

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(c) to transport sand outside the District or State, permit from the officer authorised by the District Collector for this purpose shall also be necessary.”

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In view of the same, the petitioner cannot contend that he is not liable

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to take out a district pass for transporting river sand. Therefore, there

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is no merit in the writ petition and accordingly, the same is dismissed.

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Sd/-

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sdk+

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S.SIRI JAGAN, JUDGE