The High Court of Kerala passed a judgement on 1 March, 2023 stated that If there exists a ground not to grant any licence on same reason, the Geologist can also invoke his power to cancel a licence. It was stated in the case of Hameeda Basheer vs Sajeev T S (WA NO. 444 OF 2023)which was passed by the division bench comprising of JUSTICE A.MUHAMED MUSTAQUE and JUSTICE SHOBA ANNAMMA EAPEN
FACTS OF THE CASE:
The appellant is the owner of the land comprised in Re.Sy.No.168/3 of Pallickal Village, Adoor Taluk, Pathananthitta. The registration and dealer’s licence were issued to the first respondent herein namely, Sajeev T.s. under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015. There appears to have an agreement between the appellant and the first respondent initially, and based on that, the registration and dealer’s licence were issued. The dealer’s licence issued has been renewed annually. The appellant has a case that when the first respondent obtained dealer’s licence no consent letter has been issued to the first respondent by her and the consent letter produced before the authority was a forged one.
JUDGEMENT OF THE CASE
The Appellate Authority shall dispose this matter within a further period of one month thereon, after hearing both sides. Till the Appellate Authority takes a decision in this matter, no coercive steps shall be taken as against the first respondent. The impugned judgment is, accordingly, modified. The Appellate Authority shall also communicate the order to the parties without any delay.This writ appeal is disposed of as above.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.