IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 6147 of 1998(F)
1. Y.K.V.KUNHAMMAD
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.MKS.MENON
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :02/08/2007
O R D E R
H.L. DATTU, C.J. & HARUN-UL-RASHID, J.
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O.P.No.6147 of 1998-F
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Dated, this the 2nd day of August, 2007
JUDGMENT
H.L. DATTU, CJ.
Petitioners seek for the following reliefs:
“i) declare that the Government is not entitled to collect
royalty on the granite rocks being excavated from the property
of the petitioners held as jenmam.
ii) direct the respondents to provide necessary permit to
excavate and transport minerals to the quarries belonging to
the petitioners.
iii) pass such other or further appropriate orders as deem fit
and proper by this Hon’ble Court according to the facts and
circumstances of the case, and122
iv) award cost of the petitioners.”
2. The issues raised in this original petition are identical to the issues
raised and considered by this court in O.P.No.1843 of 1996 and connected
cases. Respectfully following the observations made in the aforesaid decision,
this original petition is also disposed of in the same terms, conditions and the
orders and directions issued in that case.
3. In view of the order passed in the original petition, the relief sought for
OP 6147 of 1998 -2-
in C.M.P. No.10903 of 1998 need not be considered by this court. Accordingly,
the said C.M.P. is also rejected.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
HARUN-UL-RASHID,
JUDGE.
mt/
OP 6147 of 1998 -2-
H.L.DATTU, C.J. &
HARUN-UL-RASHID, J.
O.P.No.6147 of 1998-F
JUDGMENT
2.8.2007