IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11283 of 2008(R)
1. BHASKARAN, AGED 53 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, PATHANAMTHITTA.
... Respondent
2. THE REVENUE DIVISIONAL OFFICER, ADOOR.
3. THE TAHSILDAR, ADOOR.
4. THE EXECUTIVE ENGINEER,
5. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/04/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 11283 OF 2008 R
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Dated this the 7th day of April, 2008
J U D G M E N T
Petitioner submits that for transportation of red soil for the purpose
of executing the work of the 4th respondent, he had deployed trucks.
According to him, on allegations of violation of Mines and Minerals
(Development & Regulation) Act, 1957, two of his trucks have been
detained since 30/3/2008. It is stated that the detention was effected by
the 5th respondent and that the matter has been reported to the 1st
respondent.
2. Learned Government Pleader justifies the detention on the
basis that ordinary earth has been included as Minor Mineral in terms of
Section 3(c) of the Mines and Minerals (Development & Regulation), Act
1957. Though the learned counsel for the petitioner does not dispute the
correctness of the submission made by the learned Government Pleader,
he would complain that the Geologists are taking the stand that quarrying
permit is not necessary as royalty has not been fixed. He is also referring
to Ext.P5 proceedings of the Lok Adalath concerning an identical issue that
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arose in Aleppey District.
3. Be that as it may, as per the provisions of the Mines and
Minerals (Development & Regulation), Act 1957, if pass is required to be
obtained, that has to be complied with. For that, as pointed out by the
learned Government Pleader, it will be open to the petitioner to approach
respondents 1 to 3 or any one of them, in which case, they will inspect the
land and issue necessary directions that are required for the petitioner to
transport red soil in execution of the work that the petitioner has been
awarded by the 4th respondent.
4. Now what remains is the release of the trucks for continuing
transportation of the ordinary earth. Since the royalty has not been fixed,
there cannot be an order directing the petitioner to remit any specified
amount.
5. Therefore, I direct that the vehicles of the petitioner that are
now under detention shall be released to the petitioner subject to his
giving an undertaking to the 1st respondent that any royalty that is payable
will be paid by him as and when the same will be demanded. He shall also
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undertake to produce the trucks as and when called for and not to alienate
or encumber the vehicles in the meanwhile.
Writ petition is disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp