LAWS(KER)-2008-11-4

CONSTRUCTION MATERIAL MOVERS ASSOCIATION Vs. STATE OF KERALA

Decided On November 10, 2008
CONSTRUCTION MATERIAL MOVERS ASSOCIATION Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners have approached this Court alleging, inter alia, harassment or police, when they transport ordinary earth used for land filling. The 1st petitioner is Construction Material Movers Association. The petitioners 2 to 11 are the members of the 1 st petitioner. They are owners/operators of goods carriages, which are mainly used for carrying construction materials. When they are transporting red earth used for filling plots, where constructions are proposed to be undertaken, the revenue and police officials are interfering and restraining their vehicles. They say, for excavation and transporting of red earth, Government sanction is not necessary. They rely on Ext.P5 judgment of this Court, in support of that submission. They submit, the vehicles are seized by the revenue and police officials and thereafter released, imposing a fine upto Rs. 40,000/-. Ext.P6 is a receipt issued by the Tahsildar, Thrissur, levying a fine of Rs. 40,000/- and Ext.P7 is a receipt issued by the Sub Inspector of Police, Irinjalakuda, levying a fine of Rs. 2,000/-. The petitioners contend, such actions of the authorities are ultra vires and unauthorised.

(2.) The petitioners point out that, as per Ext.P8 notification, the Central Government have included ordinary earth used for land filling in the definition of "Minor Mineral" in the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act ). Even after the coming into force of Ext.P8, the State Government have decided that ordinary earth need not be included in the Schedule to the Kerala Minor Mineral Concession Rules, 1967 (hereinafter referred it as the Rules ). That is evident from Ext.P10 communication dated 18.3.2006. The Government, by the said communication, informed the Director of Mining and Geology that the proposal to amend the Schedule to the Rules, to fix royalty for ordinary earth in turn with Ext.P8 amendment has been dropped. The petitioners also submit that the Geologist of Ernakulam District has issued Ext.P11 communication, stating that the permission of the Department of Mining Geology is not necessary for removing red earth. So, without any statutory power, the revenue and police officials are interfering with the transport of red earth.

(3.) Therefore, the petitioners seek the following reliefs in this writ petition.