SIDDIQUE HAJI B.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows:

(2.) Heard Sri.George Poonthottam, learned Senior counsel instructed by Sri.Arun Chandran, learned counsel appearing for the petitioner and Sri.S.Kannan, learned Senior Government Pleader appearing for the respondents.

(3.) The case of the petitioner is that, in regard to his application for grant of quarrying lease, the respondent authorities concerned, has issued Ext.P-1 approved mining plan dated 3.11.2015 wherein it has been inter alia mentioned in Clause 4A that the targeted annual production of the building stone is about 2,00,000 metric tonne per annum and it is also stipulated in Clause 4.23 thereof that the proposed rate of production of mine is 2,00,000 metric tonne per annum, etc. Further that, as per Clause 8 of Ext.P-4 proceedings dated 8.12.2016 issued by the 2nd respondent Director of Mining and Geology, it has been stated therein that the production of building stone (granite) from the area covered under the grant shall be subject to the quantity mentioned in the mining plan submitted by the lessee, but the quantity is restricted to 1,00,000 metric tonne per year. That on the basis of Clause 8 of Ext.P-4, mining lease agreement has also been entered into the between the petitioner and the State wherein it has also been stated that the quantity of extraction is restricted to 1,00,000 metric tonne per year, even though it is admitted case of the respondents that the proposed rate of mining is 2,00,000 metric tonne per annum. The petitioner would contend that, the abovesaid stipulation in Clause 8 of Ext.P-4 as well as in the relevant clause in the mining lease agreement entered into between the petitioner and the State, the stipulation restricting that the quantity of extraction would be only 1,00,000 metric tonne per year and not the figure of 2,00,000 metric tonne per annum, as sanctioned in Ext.P-1 approved mining plan is illegal and ultra vires, and is against the statutory prescriptions contained in Rule 40(2), Rule 55(v) and Rule 68 of the Kerala Minor Mineral Concession Rules, 2015 (for short "KMMC Rules").