The petitioner has approached this Court challenging condition No.9 in Ext.P4. The petitioner was given a permit for transporting ordinary earth. By Ext.P4 the Geologist restricted certain registered vehicles for use of the petitioner for transporting the ordinary earth. The case of the petitioner is that the Geologist has no power to restrict number of vehicles for the purpose of transporting and the customer can choose any vehicle for transport. It is competent on any person to transport ordinary earth based on pass. Therefore, restricting only certain registered vehicles for transporting ordinary earth is unsustainable.
2. If the petitioner contravenes the provisions in transporting ordinary earth without permit, it is open for the authorities to take action. But that does not mean the petitioner shall only use certain registered vehicles for WP(C).No.27596/2014-Y.
2 transporting. The provisions similar to Section 23 of the Sand Act are not available under the Kerala Minor Mineral Concession Rules. In view of the above condition No.9 in Ext.P4 is set aside.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
// true copy //