MADAVI AND COMPANY Vs. STATE OF POLICE CHIEF

JUDGEMENT

(1.) Whether 'Weathered Rock', and 'Weathered Sand' stated as manufactured from weathered rock, do come within the purview of the term "Ordinary earth" notified as 'Minor Mineral' vide Government of India notification dated 03/02/2000 published in the Gazette of India, in exercise of powers under S. 3(e) of the Mines & Minerals (Development & Regulation) Act, 1957 (hereafter referred to as 'MMDR Act') and included in the 1 st Schedule to the Kerala Minor Mineral Concession Rules, 1967 (hereafter referred to as 'KMMC Rules') as per G. O. (P) No. l38/12/1D on amendment of the relevant Rules, is the point to be answered in these Writ Petitions.

(2.) Various Writ Petitions came to be filed, mainly contending that 'Weathered Rock / Weathered Sand' is nota 'Minor Mineral' and as such, no permit / pass isrequired to be issued by the concerned Geologist under the relevant provisions of the MMDR Act / KMMC Rules. According to most of the petitioners, by virtue of the judgment rendered by a Division Bench of this Court in WA No. 1570/2011 and WP (C) No. 28906/2011, no such pass or permit is necessary, as it is not a 'Minor Mineral' and that, it could be transported on the strength of valid Sale Bills / Invoices, provided that there is valid registration under the KVAT Act / Rules.

(3.) In some of the cases, the petitioners contend that, they are manufacturers and dealers of 'Weathered Sand' and that they have got all the requisite licences issued by the Local Authority, the Commercial Taxes Authorities and also by the Pollution Control Board. But. when they approached the authorities under the Mining and Geology Department, seeking for issuance of valid P - Forms for enabling them to transport the material ("Weathered Rock / Weathered 'Sand'), the request was turned down by the said Department stating that, 'Weathered Rock / Weathered Sand' was not a 'Minor Mineral' and as such, no pass could be issued by the Department. At the same time, the operation being pursued by the said petitioners, including transportation of 'Weathered Rock / Weathered Sand' is being intercepted by the Police / Revenue Authorities, for want of requisite licence / pass; from the Mining and Geology Department and hence the challenge, seeking to restrain the Police / Revenue Authorities from interfering with the manufacturing and sale of 'Weathered Rock' / 'Weathered Sand' or in the alternative, to direct the authorities of the Mining and Geology Department to issue necessary P - Forms under KMMC Rules.