The High Court of Kerala passed a judgement on 1 March, 2023 stated that Rule 20 of the Rules refers to cancellation only when there are violation of conditions in the dealer’s 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 dispute between the parties falls on a narrow compass. 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 on 11.04.2022, 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
This matter required appreciation of facts by adverting to the documents and materials. In such circumstances, we are of the view that the proper remedy of the first respondent is to approach the Appellate Authority, Deputy Secretary to Government, Industries Department. If that be so, the first respondent shall move the Appellate Authority within a period of ten days from today. The Appellate Authority shall dispose of 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 on the basis of Ext.P5 as against the first respondent.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
https://indiankanoon.org/doc/156873994
