DARSHAN GRANITES (P) LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, a company incorporated under the Companies Act , is the owner of a parcel of property situate in Survey No.31/1 Part 1 & 2, Block No.33 of Kalanjoor Village and Panchayath, Pathanamthitta District, in which a metal crusher unit is established by the petitioner and operating after getting statutory licence and permit. The adjoining land is a Government Puramboke land. Petitioner started quarrying operations on the strength of quarrying lease and other permissions as well as required NOC. According to the petitioner, petitioner had paid the consolidated royalty and surface rent and necessary security deposit. Ext.P10 notice was later issued to the petitioner with a direction to pay seigniorage under the Kerala Land Conservancy Act, 1957 (hereinafter referred to as 'the Act') for the Mineral quarried from the Government property. According to the petitioner, petitioner is not liable to pay any seigniorage amount for removal of granite from the leased area.

(2.) Be that as it may, petitioner has applied for transit passes, which is considered, however, later Ext.P12 communication is issued, stating that it cannot W.P.(C) No.763 of 2019 3 be issued since substantial amounts are due from the petitioner on account of seigniorage under the provisions of the Act. It is thus challenging Ext.P12 dated 31.12.2018, this writ petition is filed.

(3.) Heard learned Senior Counsel for the petitioner, Sri. S. Sreekumar and the learned Special Government Pleader Sri. M.H. Hanil Kumar, and perused the pleadings and documents on record.