Padanna Lime Shell vs. The Director Of Fisheries - Kerala High Court, 08 January 2021

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 COME UP FOR ADMISSION ON 08.01.2021, ALONG WITH WP(C).22663/2020(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).Nos.22619 & 22663/2020(B) -2- 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.22663 OF 2020(G) PETITIONER: RUKSANA AGENCIES, KIDANGATH, NADUVATHU NAGAR P.O, AROOKUTTY VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PROPRIETOR, RASHEED, S/O. MUHAMMED, AGED 49 YEARS. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: 1 THE DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 033. 2 THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA, OFFICE OF DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA , PIN-688 001 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, ALAPPUZHA, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, ALAPPUZHA-688 001. 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 COME UP FOR ADMISSION ON 08.01.2021, ALONG WITH WP(C).22619/2020(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).Nos.22619 & 22663/2020(B) -3- JUDGMENT [ WP(C).22619/2020, WP(C).22663/2020 ] Dated this the 8th day of January 2021 These writ petitions are filed seeking a direction for issuance of dealer's licence and transit permit in respect of lime shells. According to the petitioners, this request was not acted upon on the ground that they are not Co-operative Societies.

There is no dispute to the fact that the lime shell is a minor mineral as envisaged in Section 3(e) of the Mines And Minerals (Development and Regulation) Act, 1957 (for short, 'MMDR Act') and the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules, 2015 (for short, ' the Rules').

WP(C).Nos.22619 & 22663/2020(B) -4-

According to the petitioners, they approached the authorities for dealers' licence and transit pass and the same being refused citing Ext.P2 circular, dated 16.10.2017, issued by the 1st respondent-Director of Fisheries. By this circular, the 1st respondent ordered that collection and transportation of lime shells can only be permitted to the Co-operative Societies formed by employees who are engaged in collection of lime shells.

A similar issue was considered by this Court in the judgment, dated 25.08.2020, in W.P.(C) No.16501 of 2020. This Court, after adverting to the relevant provisions of MMDR Act as well as the Rules, ordered that such request for dealer's licence and transit permit shall be considered in accordance with

WP(C).Nos.22619 & 22663/2020(B) -5- the abovesaid parent Act or any of the Rules framed thereunder.

Having considered the judgment as above, I am of the view that the petitioners' application for dealer's licence and transit permit shall be considered by the Deputy Director of Fisheries strictly in accordance with MMDR Act and Rules. It is made clear that merely because the petitioners are not Co-operative Societies, the application cannot be rejected. Needful shall be done within a period of one month, following the directions passed in Ext.P5 judgment. The writ petitions are disposed of as above. A.MUHAMED MUSTAQUE JUDGE akv

WP(C).Nos.22619 & 22663/2020(B) -6- APPENDIX OF WP(C) 22619/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE REGISTRATION CERTIFICATE OF PETITIONER UNDER GST DATED 15.08.2020. EXHIBIT P2OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 16.10.2017. EXHIBIT P3OF THE APPLICATION DATED 14.10.2020 SUBMITTED BY FIRST PETITIONER BEFORE THE SECOND RESPONDENT. EXHIBIT P4OF THE REPRESENTATION DATED 14.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXHIBIT P5OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 25.08.2020 IN W.P. (C)NO.16501/2020. RESPONDENT'S/S EXHIBITS : NIL.

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WP(C).Nos.22619 & 22663/2020(B) -7- APPENDIX OF WP(C) 22663/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE REGISTRATION CERTIFICATE OF PETITIONER UNDER GST DATED 26.07.2017 EXHIBIT P2OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 16.10.2017. EXHIBIT P3OF THE APPLICATION DATED 12.08.2020 SUBMITTED BY FIRST PETITIONER BEFORE THE SECOND RESPONDENT. EXHIBIT P4OF THE REPRESENTATION DATED 23.07.202O SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXHIBIT P5OF THE JUDGMENT OF THIS HON'BLE COURT DATED 25.08.2020 IN WPC NO 16501/2020 RESPONDENT'S/S EXHIBITS : NIL.

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