IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31349 of 2011(P) ---------------------------------------- PETITIONER(S): -------------------------- SAITHALIKUTTY,S/O.KUNHAMMED HAJI, AGD 40 YEARS, ALUNGAL HOUSE, RANDATHANI PO, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ---------------------------- 1. THE REVENUE DIVISIONAL OFFICER, TIRUR TALUK, MALAPPURAM DISTRICT, PIN 676 514. 2. THE VILLAGE OFFICER, MELMURI VILLAGE, TIRUR TALUK,MALAPAPURAM DISTRICT,PIN 676 514. 3. THE GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY ,DISTRICT OFFICE, MALAPPURAM , PIN 676 505. R1 TO R3 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31349/2011 P APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE QUARRYING PERMIT DATED 12/1/2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE CASH MEMORANDUM EVIDENCING PAYMENT OF ROYALTY. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 5/4/2010 ISSUED BY THE GOVERNMENT OF KERALA. EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 6/6/2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE REMINDER SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31349 OF 2011 ----------------------------------------------------- Dated this the 24th day of November, 2011 J U D G M E N T According to the petitioner in the process of quarrying laterite stones, ordinary earth gets accumulated at site and for transportation of the same he should be given permission. However, the ordinary earth being a minor mineral as defined in the provisions of the Mines and Mineral (Development and Regulation) Act 1957, the provisions of the said Act and the Rules are applicable. This position has been clarified by the Apex court and by this court in the judgments in Construction Materials Movers Association v. State of Kerala2008 (4) KLT 909 and Som Datt Builders Ltd v. Union of India2009 (4) KLT 638 (SC). In view of this, relying on Ext.P3 itself, petitioner cannot claim any unrestricted right of transportation. In such circumstances it will be open to W.P.(C) No. 31349 OF 2011 :2 : the petitioner to seek necessary permits from the statutory authorities and transport ordinary earth. With this observation the writ petition is disposed of. ANTONY DOMINIC, JUDGE ul/-