Petitioner is a person who carries on the business of dealership in cement, ordinary sand, plastering materials etc. He had a licence for the said business from the Panchayath as well as a licence from the Geologist for stocking and selling ordinary sand. Licence expired on 31/03/2014. When an application was submitted for renewal, the same was not considered and the petitioner approached this Court and by judgment dated 22/04/2014 in W.P.C.No.11125/2014, this Court directed the senior Geologist to consider the application within a period of one month from the date of production of the judgment. Still, the complaint of the petitioner is that without issuing any order, the Geologist, by Ext.P6 has called for a No Objection Certificate from the District Collector as well as the District Police Chief.
W.P.C.No.13051/2014 2 2. According to the petitioner, there is no provision under the Rules which calls upon either the petitioner to produce such NOC or the Geologist to obtain such NOC from the competent authorities.
5. Learned Government Pleader, on instructions, would submit that the 2nd respondent had already sought for a report from respondents 1 and 3 and on obtaining the same, necessary orders will be passed.
6. According to the respondents, the enquiry being conducted by the senior Geologist is in accordance with the procedure prescribed and it includes obtaining such reports as well. Though there is no such mandate as per the Rules, still it is the discretion of the Geologist to obtain such reports before issuing Dealer’s licence.
7. Under these circumstances, I do not think that there is any illegality in the communication issued by the senior Geologist to the petitioner by way of Ext.P6 and having regard to the nature of contentions urged, I am of the W.P.C.No.13051/2014 3 view that this writ petition can be disposed of as under:
Respondents 1 and 3 shall provide appropriate reports to the 2nd respondent within a period of 15 days from the date of receipt of a copy of this judgment and the same shall be considered by the 2nd respondent and further orders shall be passed within another one week from the said date.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr