P.P.Jose vs The State Of Kerala on 2 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15075 of 2009(D)


1. P.P.JOSE, AGED 60 YEARS, S/O. POULOSE,
                      ...  Petitioner
2. ROSSY, W/O. JOSE,

                        Vs



1. THE STATE OF KERALA, REP.BY SECRETARY,
                       ...       Respondent

2. THE DIRECTOR OF MINING & GEOLOGY,

3. GEOLOGIST,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :02/06/2009

 O R D E R
                             V.GIRI,J.
                      -------------------------
                  W.P ( C) No.15075 of 2009
                      --------------------------
                 Dated this the 2nd June,2009

                        J U D G M E N T

Petitioners wanted to remove ordinary earth from

their property and therefore filed Exhibit-P2 application

before the 3rd respondent seeking permission for

removing ordinary earth from his property. The fact that

ordinary earth has been notified as minor mineral and

liable to be treated as minor mineral going by the dictum

laid down by this Court in Construction Materials Movers

Association & Others Vs. State of Kerala [2008(4) KLT

909.

2. Apparently it is without taking note of this fact

that the Government as per Exhibit-P6 issued a

communication to the Director of Mining and Geology

informing that reasonable restrictions can be imposed by

the Revenue Department for the removal of red earth and

there is no need for issuing separate restrictions by

Government in Industries Department. Obviously the

issue has not been understood correctly. The effect of

W.P ( C) No.15075of 2009
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Exhibit-P3 judgment is that ordinary earth is liable to be

treated as minor mineral and therefore restrictions which

otherwise are to be imposed under the Minor Mineral

Concession Rules, would apply to the case of red earth

also. But if there is no royalty fixed in respect of red earth

then obviously there cannot be a levy of such royalty on

red earth. In other words whatever restrictions can be

imposed, in the matter of a minor mineral under the Minor

Mineral Concession Rules can be made applicable to red

earth also going by the dictum laid down by the Division

Bench. Therefore, a decision will have to be taken on

Exhibit-P2 application, in accordance with law.

In the result, the writ petition is disposed of directing

the 3rd respondent to pass orders on Exhibit-P2 after

hearing the petitioners or their authorized representative

within one month from the date of receipt of a copy of this

judgment.

(V.GIRI,JUDGE)
ma

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