SUDHAKARAN NAIR Vs. GEOLOGIST

JUDGEMENT

(1.) ] Petitioner is the owner of 50 cents of land situated in Re.Survey. No. 68/5 of Atholi Village in Koilandy Taluk. Alleging that he extracted minor mineral (laterite stone) without a quarrying permit under the Kerala Minor Mineral Concession Rules. He was issued Ext. P1 order requiring him to remit Rs. 74,182. In this order it is stated that the petitioner removed 210.60 Cubic Meters of laterite stone, and therefore it is liable to pay Rs. 8,424/- toward royalty, Rs. 60, 758/- towards price and Rs. 5000/- towards fine. This order was issued by the first respondent,and since amount was not paid , revenue recovery action was initiated against the petitioner.It was there upon the writ petition was filed with the following prayers:

(2.) Petitioner contends that R.58(2) of KMMC Rules is repugnant to S.15 of the MMDR Act, to the extent minor mineral or price of the minor mineral is permitted to be recovered by the State. He also disputes the allegation that he removed laterite stones and on that basis impugns Exts. P1 to P3. In support of his first contention, counsel for the petitioner relied on the provisions of the MMDR Act, KMMC Rules and the judgment of this court KALYANAM TILE CO. vs STATE OF KERALA ( 1988 (1) KLT 153 ).

(3.) Ext. P1 was issued on 20.08.2007 and as on that date R.58(2) of the KMMC Rules stood as follows: