ANIYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed by 18 persons u/Section 482 of the Code of Criminal Procedure Code 1973 (short Code) praying that Annexure-A2 in crime 1349/2010 of the Vaikom Police Station, pending before the Judicial First Class Magistrate Court-I, Vaikom in ST No. 1519/2011 U/Section 4(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'Act' for short) r/w Section 21(1) of the Act may be quashed. The Sub Inspector of Police, Vaikom arrested the petitioners, registered Annexure-A1 FIR and charge-sheeted them in the above case. The grounds urged for quashing the charge was violation of mandatory provisions contained in the Act and if trial is continued without considering the violation, it will end in acquittal which amounts to abuse of the process of Court. The allegation is that on 15/12/2010 at 9 a.m., the petitioners had collected clams, the recent lime shells accumulated over the lake bed of Vembanad lake, measuring below 15 mm from T.V. Puram in Vaikom Village against the Government Order. The Sub Inspector of Police detected the offence and seized 1490 kg. clams collected by the petitioners and their 18 boats from the place of occurrence. After completing investigation Annexure-A2 final report has been filed before Court. The petitioners, who are members of Vaikom Taluk Lime Shell Co-operative Society Limited No. 3145 which was registered under Travancore - Cochin Co-operative Societies Act of 1953 having its office at Pallipurathurssery Village, Vaikom Taluk, Kottayam District approached this Court to invoke the inherent jurisdiction.

(2.) From the narration of the facts I propose to extract Section 4 of the Mines and Minerals (Development and Regulation) Act, 1957. The Section reads thus:

(3.) Now it is clear that Section 4(1) of the Act was enacted with intention to prospecting mining operation to be done under a licence or lease. Without a proper licence, no person shall conduct any reconnaissance, prospecting or mining operation in any area. Insertion of sub-section 3 of Section 4 empowers the State Government that after prior consultation with the Central Government and in accordance with the Rule made u/Section 18 give permit for reconnaissance, prospecting or mining operation with respect to any minerals specified in the First Schedule. In the First Schedule, the minerals are divided into Part A, Part B and Part C. Part A contains minerals of Hydro Carbons or energy minerals. Part B contains Atomic Minerals and Part C contains Metallic and non-metallic minerals. Lime shell is not mentioned in First Schedule. But, according to Section 9, mining lease are granted for certain minerals notified in the Second Schedule. Lime shell is notified and the royalty of the lime shell is 63 rupees per month. The power to amend the second schedule is vested with the Central Government. Therefore, a close perusal of Sections shows that the power with regard to minerals notified in the Second Schedule is vested with the Central Government.