COLLECTOR OF CANNANORE Vs. VASU

JUDGEMENT

(1.) The appellants before us are the Collector of Cannanore and the State of Kerala. They challenge the correctness of the decision of Isaac J. in O. P. No. 870 of 1966 by which the learned Judge held that Ext. P 1 dated 31-12-1965 was unsustainable, and quashed it by a writ of certiorari under Art.226 of the Constitution.

(2.) By Ext. P 1 the Collector had imposed a penalty on the respondent and two others jointly and severally under R.22 of the Madras Minor Mineral Concession Rules, 1956, for the quarrying of granite stones in violation of R.20 of the said Rules. R.19 of the Rules which is referred to in R.20, and R.20 and 22 read as follows:

(3.) R.18 to 35 of the Madras Minor Mineral Concession Rules, 1956, deal with "ryotwari lands and other lands on intermediary tenure in which Government have claim only to a share of the minerals". It is common ground that what we are dealing with are ryotwari lands. It is also not disputed that R.19 is attracted to the quarrying with which we are concerned. The only controversy is as to the operative character of the Madras Minor Mineral Concession Rules, 1956, after the amendment of the Mines and Minerals (Regulation and Development) Act, 1948, by the Mines and Minerals (Regulation and Development) Act, 1957.