SHIBU Vs. TAHSILDAR

JUDGEMENT

(1.) This Writ Appeal raises the question of the right to minerals, namely, extraction and removal of granite blocks and rubble from patta lands in the State of Kerala. The question also arises incidentally as to the validity of the Proclamation issued by His Highness, the Maharaja of Travancore dated 14-6-1881 vesting mineral rights in all lands in the State consequent upon the enactment of the Mines and Minerals (Regulation and Development) Act, 1957. The learned Single Judge held that the mineral rights vest in the State. He also upheld the validity of the Proclamation issued by the Maharaja of Travancore dated 14-6-1881 and refused to quash Exts.P5 and P6 orders.

(2.) The facts of the case are as follows: The appellant obtained three quarrying permits on 22-10-1991, 22-11-1991 and 6-3-1992 (Exts. P1, P1(a) and P1(b) issued by the Tahsildar, Attingal in Form E under the 'Kerala Minor Mineral Concession Rules, 1967' for extracting and removing 50 tonnes each of rubble from the lands of pattadars of 1.23 acres taken on lease by the appellant. He found stones were of export quality and so, instead of extracting rubble for use as ballast for railways, the appellant extracted bigger blocks useful for export. The rate of royalty payable for rubble, for which alone the appellant had permits, was Rs.0.90 per cubic metre, as per item 3 of Schedule.1, as against Rs.50.00 per cubic metre for the granite stones, which fell under item 5 of Schedule I. The granite stones were extracted by the appellant and sold to Plakattu Granite Industries Pvt. Ltd. The appellant extracted a total quantity of 60 cubic metres of granite stones out of which 50 cubic metres were of export quality.

(3.) Realising the illegality in extracting granite stones rather than rubble, the appellant applied under Ext. P2 dated 10-12-1991 before the Director of Mining and Geology to direct the department to accept additional royalty for whatever blocks had been extracted already and to issue transport permits for the same. He wrote Ext. P3 letter dated 31-12-1991 to the Geologist, Trivandrum admitting that the latter had inspected and warned the appellant that he should not continue extraction of these 'dimension' stones, In Ext. P3 appellant sought permission to extract these 'dimension' stones. In Ext. P4 dated 31-1-1992 by the appellant to the Geologist, he even admitted the 'offence' and sought permission of withdrawal of 10 blocks of 'dimension' stones of 50 cubic metres, to Tuticorin for export abroad.