Ruksana Agencies vs. The Director Of Fisheries
Held
The High Court ruled that applications for dealer's licenses and transit permits for lime shells, a minor mineral, cannot be rejected merely because the applicants are not Co-operative Societies. It directed the authorities to consider the applications strictly in accordance with the Mines And Minerals (Development and Regulation) Act, 1957 and the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules, 2015.
Facts
Petitioners, engaged in the lime shell business, applied for dealer's licenses and transit permits for lime shells. Their applications were rejected by the authorities based on a circular that restricted such permits exclusively to Co-operative Societies.
Key Issues
Whether applications for dealer's licenses and transit permits for lime shells can be rejected solely on the ground that the applicants are not Co-operative Societies, despite lime shells being minor minerals governed by specific mining laws.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942 WP(C).No.22619 OF 2020(B) PETITIONER: PADANNA LIME SHELL, PADANNAYIL HOUSE, CHEMMANAKARI, AKKARAPADAM P.O., KULASHEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, REPRESENTED BY ITS PROPRIETOR, REMESAN, S/O.KRISHNAN, AGED 54 YEARS. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: 1 THE DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 033. 2 THE ASSISTANT DIRECTORS FISHERIES, KOTTAYAM, OFFICE OF ASSISTANT DIRECTOR OF FISHERIES, KOTTAYAM, PIN-686 001. 3 THE DIRECTOR OF MINING AND GEOLOGY, THE DEPARTMENT OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004, KERALA. 4 THE DISTRICT GEOLOGIST, KOTTAYAM, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KOTTAYAM-686 002. 5 THE STATE OF KERALA, REPRESENTED BY SECRETARY OF FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 6 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM, PIN-695 001. BY ADV. SRI.K J MANURAJ, GP THIS WRIT PETITION (CIVIL) HAVING CO
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