Allowed

Sajeev T.S v. Geologist

Kerala HC24 Jan 2023WP(C)/21394/2022

Case brief

AI extract

What is this about?

Petitioner, a minor minerals dealer, challenged cancellation of his registration and license by the District Geologist, relying on a consent letter from the property owner. The High Court held that the authority cannot cancel the license solely because it refuses to renew consent without first establishing, through proper proceedings, that the consent letter relied upon is forged.

What did the court decide?

Ext.P5 order cancelling registration and dealer's license set aside; writ petition allowed.

Sajeev T.S Vs Geologist — Service and Employment | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 24^TH DAY OF JANUARY 2023 / 4TH MAGHA, 1944

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WP(C) NO. 21394 OF 2022

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PETITIONER:

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SAJEEV T.S AGED 48 YEARS S/O. SHEIK MAITHEEN RAVUTHAR, THETTIKUZHIYIL, AADIKATTUKULANGARA P. O., NOORANAD – 690 504.

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BY ADVS. SRI. VINOY VARGHESE KALLUMOOTTILL SRI. S.SREEKUMAR (SR.)

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RESPONDENTS:

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1 GEOLOGIST DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, ADOOR, PATHANAMTHITTA DISTRICT – 691 523. 2 HAMEEDA BASHEER, D/O. BASHEER, VILAYAIL ROSE VILLA, AADHIKATTUKULANGARA P. O., ALAPPUZHA – 690 504.

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BY ADVS. RASHEED C.NOORANAD M.N.ANITHA SRI. JACOB E. SIMON - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.21394 OF 2022

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JUDGMENT

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The petitioner is a dealer of minor minerals. He has obtained Ext.P1 certificate of registration along with Ext.P1(2) dealer's licence under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (for short, 'the Rules') for stocking and selling minor minerals in the property owned by the 2^nd respondent in Re-survey No.168/3 in Block No.34 of Pallickal Village of Adoor Taluk, from the 1^st respondent.

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Ext.P1 certificate of registration is valid for a period of five years, viz; from 22.03.2019 to 21.03.2024. Ext.P1(2) dealer's licence is issued for the period from 26.06.2019 to 25.06.2020 and the same is being renewed from time to time. Ext.P4 is the

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renewed dealer's licence which is valid up to 10.04.2023.

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WP(C).No.21394 OF 2022

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The petitioner has now approached this Court aggrieved by Ext.P5 order whereby the registration as well as the dealer's licence has been cancelled by the 1^st respondent on the ground that the 2^nd respondent, the owner of the property, has refused renewal of consent to the petitioner. According to the petitioner, he has executed an agreement with the 2^nd respondent in respect of the premises in question which is produced as Ext.R2(a) by the 2^nd respondent. He has also obtained Ext.P6 consent from the 2^nd respondent for the purpose of stocking and selling minor minerals

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for a period of four years from 07.07.2020. Accordingly, the petitioner contends that since the registration as well as the dealer's licence has been obtained by him on the basis of valid consent from the 2^nd respondent, the 1^st respondent cannot cancel the registration or the dealer's licence on the ground that the 2^nd respondent has informed the 1^st respondent that the 2^nd respondent is not proposing to renew the

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WP(C).No.21394 OF 2022

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consent.

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The 2^nd respondent has filed a counter affidavit wherein it is stated that as per Ext.R2(a) agreement, the property was given on rent to the petitioner only for a period of eleven months and thereafter the agreement is not renewed and the said property was rented out to one K.Aneesh for the subsequent period and there is no rental agreement between the petitioner and the 2^nd respondent. It is also submitted that no consent has been given by the 2^nd respondent to the petitioner other than the period for which the premises have been rented out as per Ext.R2(a) agreement and that Ext.P6 is a forged document and FIR was registered on 24.11.2022 on the basis of a complaint lodged by the 2^nd respondent with the Police. The 2^nd respondent also points out that the dealer's licence is valid only for a period of one year and that even assuming Ext.P6 is not a forged one, the 1^st respondent cannot act upon the same for

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renewal of the dealer's licence.

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A counter affidavit is also placed on record by the 1^st respondent wherein it is stated that the 2^nd respondent has submitted before the 1^st respondent that she proposes to construct a house in the property and that no further permission shall be granted to the petitioner for stocking the minerals in the property. The 1^st respondent also states that, as per Rule 10 (e) of the Rules, a letter of consent from the owner of the property from time to time is required and that the version of the 2^nd respondent was found to be more convincing at the time of hearing and accordingly, the dealer's licence was cancelled.

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Heard Sri.S.Sreekumar, the learned Senior Counsel for the petitioner assisted by Sri.Vinoy Varghese, Sri.Jacob E.Simon, the learned Government Pleader for the 1^st respondent and Sri.Rasheed C.Nooranad, the learned counsel for the 2^nd respondent.

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WP(C).No.21394 OF 2022

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7 . Rules 5 and 6 of the Rules deal with

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registration to sales depot and min eral value addition unit which reads as follows:-

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“ 5. Registration to Sales Depot and Mineral Value Addition Unit .-- No sales depot or mineral value addition unit or mineral processing unit in the State shall operate without having registration under these rules from the Department of Mining and Geology. Every person who is having a sales depot or mineral value addition unit or mineral processing unit shall register it at the office of the District Geologist concerned:

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Provided that a lessee who obtained registration to the metal crusher unit under the provisions of the Kerala Minor Mineral Concession Rules, 2015 shall be exempted from obtaining registration under these rules.

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6. Application for registration of mineral sales depot/mineral value addition unit/mineral processing unit .--

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(1) An application for the grant or renewal of registration shall be made to the District Geologist concerned in Form A.

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(2) Every such application shall be accompanied by,-

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a. Treasury chalan receipt for rupees one thousand only towards registration fee remitted to the credit of the Department of Mining and Geology.

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b. Location map issued by the Village Officer concerned showing the exact location of the sales depot or value addition unit or processing unit (Survey No. and other details of the area used as sales depot or value addition unit or processing unit shall be noted in the map).

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c. Possession and Enjoyment Certificate of the property used by the applicant as sales depot or value addition unit issued by the Village Officer concerned.

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d. Consent letter from the owner of the property, if the property is not owned by the applicant, in stamped paper worth the value specified by the Government from time to time to the effect that he has no objection for using the property or building owned by him for the purpose of stocking and/or processing and trading the mineral and its products by the applicant.”

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8. Rule 9 deals with grant or renewal of

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registration and provides that the registration is valid

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for a period of five years from the date of grant/renewal unless it is rescinded by the District Geologist concerned. Chapter IV of the Rules deals with grant or renewal of dealer's licence.

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9 . Rule 10 reads as follows:-

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“ 10. Application for grant or renewal of a dealer’s licence .-- (1) An application for grant or renewal of a licence for storing and trading of mineral by a dealer under these rules shall be made to the District Geologist concerned in Form E and he shall receive the application and enter on it the date and time on which it is received by him. Where an application for grant or renewal of dealer’s licence is delivered personally its receipt shall

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be acknowledged forthwith and where such application is received by post, it shall be acknowledged within a period of seven days. The receipt of application for grant or renewal of dealer’s licence shall be acknowledged in Form B.

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(2) A producer except an owner of a Registered Metal Crusher Unit under these rules who stores and conducts trading of minerals outside the permit or lease area shall also apply for a dealer’s licence;

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(3) Every application for a dealer’s licence shall be accompanied by,—

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(a) a true copy of the registration certificate of the sales depot or mineral value addition unit or mineral processing unit, as the case may be;

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(b) a treasury chalan receipt for rupees five hundred towards application fee remitted to the credit of the Department of Mining and Geology;

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(c) attested copy of the location map issued by the Village Officer concerned showing the exact location of the stockyard or sales depot or processing unit and sales depot. (Survey No. and other details of the area proposed to be used as Stockyard/sales depot/processing unit shall be noted in the map);

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(d) the Possession and Enjoyment Certificate of the property proposed to be used by the applicant as sales depot or mineral value addition unit issued by the Village Officer concerned;

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(e) a letter of consent from the owner of the property, if the property is not owned by the applicant, in stamped paper worth the value prescribed by the Government from time to time to the effect that the owner has no objection for storing and/or processing and trading the mineral or its products by the

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WP(C).No.21394 OF 2022

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applicant in his property.”

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While the period of validity of certificate of registration for storing of minerals is for a period of five years, the period of validity of dealer's licence is for a period of one year from the date of grant.

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Rule 6(d) of the Rules provides for consent from the owner of the property from time to time for the purpose of stocking/processing/trading the minerals and Rule 10(3)(e) provides for a letter of consent from the owner of the property from time to time for issuance of dealer's licence for storing/processing/ trading the mineral or its products.

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According to the learned Senior Counsel for the petitioner, the property has admittedly been given on rent to the petitioner by virtue of Ext.R2(a). The learned Senior Counsel submits that Ext.R2(a) has not been hitherto cancelled or revoked and that evenafter the expiry of eleven months referred to therein, the

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petitioner continues to be a statutory tenant and a tenant holding over. The learned Senior Counsel further submits that, since Ext.P6 consent letter attested by a notary public has been issued by the 2^nd respondent for a period of four years, the same was produced before the 1^st respondent for the purpose of renewal of dealer's licence from time to time and the 1^st respondent has acted upon the same for the purpose of renewal up to 10.04.2023 and that the 1^st respondent cannot cancel the registration as well as the dealer's licence on the basis of the version of the 2^nd respondent that she has not issued any consent letter or that there is no rental agreement between the petitioner and the 2^nd respondent at present.

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Sri.Rasheed, the learned counsel for the 2^nd respondent would submit that Ext.R2(a) agreement was for a period of eleven months only and that Ext.P6 is a forged document and the 2^nd respondent has preferred a complaint before the Police and FIR has

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WP(C).No.21394 OF 2022

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been registered on 24.11.2022 and the complaint is under investigation and a complaint is also filed against the notary public who has attested Ext.P6 document.

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From Ext.P5, it can be seen that the registration as well as the dealer's licence issued to the petitioner has been cancelled on the basis of the complaint preferred by the 2^nd respondent stating that there is no rental agreement with the petitioner at present and that she needs the premises for her bonafide purposes and that she does not intend to renew the licence. There was no contention before the 1^st respondent that Ext.P6 consent letter is a forged document.

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15. Rule 20 of the Rules deals with cancellation of

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licence and reads as follows:-

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“ 20. Cancellation of licence .-- If a dealer fails to comply with any of the conditions of the licence or any of the provisions of the Act, rules or orders in this regard, the District Geologist may by an order in writing rescind

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WP(C).No.21394 OF 2022

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the licence issued under these rules. No such licence shall be rescinded without giving the dealer concerned, an opportunity of being heard.”

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It is the specific case of Sri.Rasheed, the learned counsel for the 2^nd respondent that Ext.P6 is a forged document and a complaint has been preferred before the Police against the petitioner as well as the notary public who attested the said document. It is to be noted that the 1^st respondent has been relying on Ext.P6 for the purpose of renewal of the dealer's licence from time to time. The last renewal is as per Ext.P4 and the dealer's licence is valid till 10.04.2023. Whether Ext.P6 is a forged document or not, has to be established through appropriate proceedings and it is not for the 1^st respondent to examine whether Ext.P6 is a forged document or not. As I have already stated, Ext.P6 has been acted upon by the 1^st respondent without any objection for the purpose of renewal of dealer's licence and that the licence cannot be

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cancelled for the sole reason that the 1 st respondent refuses to renew the same. The reason stated in Ext.P5 by the 1^st respondent for cancellation of registration as well as dealer's licence cannot be sustained. Unless and until it is established through appropriate proceedings that Ext.P6 is a forged document, the 1^st respondent cannot refuse to rely on the same. Accordingly, Ext.P5 is set aside and the writ petition is allowed.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.21394 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE	OF
	REGISTRATION ALONG WITH DEALE	R'S
	LICENSE FOR THE YEAR 2019-2020 ISS	UED
	BY THE 1ST RESPONDENT DA 22.03.2019.	TED
EXHIBIT P2	TRUE COPY OF THE PLAINT	IN
	O.S.NO.138/2022 ON THE FILE OF MUNSIFF'S COURT, ADOOR.	THE
EXHIBIT P3	TRUE COPY OF INJUNCTION ORDER	IN
	I.A.NO.2/2022 IN I.A.NO.36/2022 OS.NO.138/2022.	IN
EXHIBIT P4	TRUE COPY OF DEALER'S LICENSE FOR PERIOD 2022-2023.	THE
EXHIBIT P5	TRUE COPY OF THE ORDER ISSUED BY 1ST RESPONDENT DATED 08.06.2022.	THE
EXHIBIT P6	TRUE COPY OF THE AGREEMENT GIVEN THE 2ND RESPONDENT.	BY
EXHIBIT P7	TRUE COPY OF THE DEALER'S LICE	NSE
	DATED 04/09/2020 ISSUED BY THE RESPONDENT FOR THE PERIOD 04/09/2 TO 03/09/2021.	1ST 020

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RESPONDENTS EXHIBITS:-

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EXHIBIT R1(A)	TRUE COPY 23/MM/GBS/ 11.04.2022	OF THE LICENSE NO.1/2022- DL/1974/DOPTA/M/2021 DATED .
EXHIBIT R1(B)	TRUE COPY 21.04.2022	OF THE HEARING NOTICE DATED
EXHIBIT R1(C)	TRUE COPY 05.05.2022	OF THE HEARING NOTICE DATED
EXHIBIT R1(D)	TRUE COPY 23/1974/DO	OF THE ORDER NO.206/2022- PTA/M/2021 DATED 08.06.2022
EXHIBIT R2(a)	A TRUE COP ON 20.03.2	Y OF THE RENT DEED EXECUTED 019.
EXHIBIT R2(b)	TRUE COPY BUILDING GRAMA PANC	OF THE SITE APPROVAL AND PERMIT FROM THE PALLICKAL HAYATH.

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WP(C).No.21394 OF 2022

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EXHIBIT R2(c) A TRUE COPY OF THE NOTICE DTD 21-042022. EXHIBIT R2(d) A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 05.05.2022. EXHIBIT R2(e) A TRUE COPY OF THE LETTER DATED 05.07.2022 UNDER RI ACT ISSUED BY THE PALLICKAL GRAMA PANCHAYATH. EXHIBIT R2(f) TRUE COPY OF THE POLICE COMPLAINT DATED 11.07.2022.

Sajeev T.S v. Geologist

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Sajeev T.S v. Geologist

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