Abdul Nazar P.T vs. Senior Geologist, Mining And Geology

WP(C)/38879/2018HC KeralaGSTCNR KLHC01090294201804 December 2018Bench: HONOURABLE MR. JUSTICE SHAJI P.CHALY5 pages

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Held

The Court directed the petitioner to approach the Senior Geologist (1st respondent) for appropriate orders, including filing a compounding application. The authority was directed to consider the application and finalize proceedings within specified timelines.

Facts

The petitioner, a dealer in construction materials, had a vehicle carrying sand seized by the police for alleged violations of the Mines and Minerals Act and related rules. The petitioner sought the release of the vehicle.

Key Issues

Whether the seized vehicle should be released and how the alleged violations of mining and transportation rules should be adjudicated.

Sections Cited

Mines and Minerals (Development and Regulation) Act, 1957, Kerala Minerals (Illegal Mining Storage and Transportation) Rules, 2015

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Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940 WP(C).No. 38879 of 2018 PETITIONER/S: ABDUL NAZAR P.T AGED 50 YEARS PROPRIETOR,ATHANIKKAL SANDS,13/169 G,CNG ROAD,MAMPAD,NILAMBUR TALK, MALAPPURAM DISTRICT. BY ADVS. SRI.P.SAMSUDIN SRI.JITHIN LUKOSE SRI.K.C.ANTONY MATHEW RESPONDENT/S: 1 SENIOR GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE,CIVIL STATION, VIDYA NAGAR,KASARGODE-671123. 2 THE SUB INSPECTOR OF POLICE, KUMBALA,KASARAGODE-671321. SRI K J MANURAJ-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 38879 of 2018 2

JUDGMENT Petitioner

is the proprietor

of an establishment called “Athanikkal Sands”, a dealer in construction materials especially for river sand. According to the petitioner, petitioner had been in the business for the last several years and is holding GST Registration issued by the Government of Kerala evident from Ext.P1 provisional registration. To carry on the business petitioner hires vehicles and sand is being transported from other states. While so,

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.