2025:KER:24541 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE T.R.RAVI FRIDAY, THE 21ST DAY OF MARCH 2025/30TH PHALGUNA, 1946 WP(C) NO.10117 OF 2025 PETITIONER C.P.BASHEER AGED 58 YEARS SON OF AHAMMED KOYA HAJI, CHARAPPARAMBIL HOUSE, UNNIKULAM P.O., KOZHIKKODE, PIN - 673574 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENT S 1 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, WAYANAD RD, ERANHIPALAM, MALABAR HOSPITAL, CIVIL STATION, PALATTUTHAZHAM, KOZHIKODE, PIN - 673020 2 THE DIRECTOR OF MINING AND GEOLOGY OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM, PIN - 695001 3 THE TAHASILDAR TALUK OFFICE, THAMARASSERY TALUK, KOZHIKKODE DISTRICT, PIN - 673573 4 THE VILLAGE OFFICER KEDAVOOR VILLAGE, KOZHIKKODE DISTRICT, PIN - 673573 5 THE THAHASILDAR (LR) THAMARASSERY TALUK, KOZHIKKODE DISTRICT, PIN - 673573 W.P.(C). No.10117 of 2025 2025:KER:24541 2 SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No.10117 of 2025 2025:KER:24541 3 T.R. RAVI, J. -------------------------------------------- W.P.(C). No.10117 of 2025 -------------------------------------------- Dated this the 21st day of March, 2025 JUDGMENT The prayer in the writ petition is to direct the 1st respondent to consider and dispose of the application of the petitioner for transit permit and dealers licence in the light of Exts.P10 to P12 Judgments. The contention of the petitioner is that the transit permit and dealers license are refused for the reason that the properties are exempted lands. In the judgments in Exts.P10 to P12, this court has held that the effect of user of exempted lands for purposes other than for which the exemption is granted is only that property may be liable for ceiling proceedings. In the above circumstances, the fact that property was exempted land cannot be a reason to reject the application for transit permit and dealers licence. Therefore, the writ petition is disposed of directing the 1st respondent to consider and dispose of the application of the petitioner for transit permit and dealers licence to the petitioner with due reference to Exts.P10 to P12 judgments at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. W.P.(C). No.10117 of 2025 2025:KER:24541 4 The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 1st respondent for necessary compliance. Sd/- T.R. RAVI JUDGE Cak W.P.(C). No.10117 of 2025 2025:KER:24541 5 APPENDIX OF WP(C) 10117/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE DEALER’S LICENSE DATED 19.4.2017 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE LAST DEALERS LICENSE DATED 30.4.2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR STOCK, SALE AND/OR PROCESSING MINERALS DATED 27.3.2015 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF INTEGRATED CONSENT TO OPERATE RENEWAL DATED 29.2.2024 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE D&O LICENCE ISSUED BY THE KATTIPARA GRAMA PANCHAYATH TO THE PETITIONER DATED 8.5.2024 EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 08.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P7 TRUE COPY OF THE E-CHALAN DATED 09.11.2023 ISSUED BY THE FIRST RESPONDENT TOWARDS RECEIPT OF APPLICATION FEE EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.09.2023 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER EXHIBIT P9 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE FOURTH RESPONDENT TO THE W.P.(C). No.10117 of 2025 2025:KER:24541 6 PETITIONER DATED 16.09.2023 EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED 5.3.2021 IN WPC NO.16760 OF 2020 WHICH IS REPORTED AS KINALLUR ROCK SAND VS. STATE OF KERALA 2021 (2) KLT 351 EXHIBIT P11 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED 8.11.2023 IN WPC NO.25883 OF 2023 EXHIBIT P12 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 3.3.2023 IN W.A.NO.433/2023 WHICH IS REPORTED AS DISTRICT COLLECTOR VS. SAJITH LAL 2023 KLT ONLINE 1225