HARRIS & COMPANY Vs. COCHIN PORT TRUST

JUDGEMENT

(1.) Pursuant to an invitation made by the first respondent, the Cochin Port Trust, the petitioner submitted tender for purchase of 25000 cubic meters of sand dredged by the first respondent from the foreshore of the port. The tender submitted by the petitioner was accepted by the first respondent and they were issued Ext.P1 work order for removal of the dredged sand sold to them. As per the terms of Ext.P1 work order, the petitioner had to remove the dredged sand from the premises of the Cochin Port Trust on or before 02.01.2021. While the petitioner was removing the dredged sand, the fifth respondent insisted that the first respondent should pay royalty to the State Government for the dredged sand sold by them to the petitioner, in terms of the Kerala Minor Mineral Concession Rules, 2015 (the KMMC Rules) and also issue mineral transit passes for its movement in terms of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 (the Transportation Rules). It is stated by the petitioner that the said issue could not be tackled by the first respondent with the fifth respondent and consequently, the petitioner could not remove the entire quantity of dredged sand within the time stipulated. The writ petition was instituted in the circumstances seeking directions to the fifth respondent to receive royalty of the dredged sand from the petitioner and issue mineral transit passes for removal of the sand from the premises of the first respondent. The petitioner also sought a direction to the first respondent to extend the time prescribed for removal of the dredged sand.

(2.) After the initial hearing, the petitioner amended the writ petition and sought a declaration that the KMMC Rules and the Transportation Rules framed under the Mines and Minerals (Development and Regulation) Act, 1957 (the MMDR Act) do not apply to the dredged sand sold by the first respondent to the petitioner and the petitioner is not liable to pay royalty for the same to the State Government.

(3.) Heard the learned Senior Counsel for the petitioner, the learned Additional Advocate General for the State, the learned Central Government Counsel for the Union as also the learned Senior Counsel for the first respondent.