IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18770 of 2009(M) -------------------------- PETITIONER(S): --------------- STEPHEN, AGED 53 YEARS, S/O.VARKEY, PULLAN HOUSE, SOUTH CHITTUR P.O., NOW RESIDING AT KODIYANPLAKKAL BUILDING, NETHAJI ROAD, PALARIVATTOM, KOCHI-24. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA SMT.T.M.SABALA SRI.K.K.ANSAR SRI.T.M.ABHED RESPONDENT(S): --------------- THE GEOLOGIST, DEPARTMENT OF MINING GEOLOGY, THRISSUR. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).18770/2009 -------------------- Dated this the 6th day of July, 2009 JUDGMENT Petitioner wanted to remove ordinary earth from his property and therefore, filed Exhibit-P3 application before the respondent seeking permission for removing the same. The fact that ordinary earth has been notified as minor mineral and liable to be treated as a minor mineral, going by the dictum laid down by this Court in Construction Materials Movers Association & Others Vs. State of Kerala [2008(4) KLT 909], is no longer a matter open to controversy. 2. Apparently, it is without taking note of this fact that the Government as per Exhibit-P7 issued a communication to the Director of Mining and Geology informing that reasonable restrictions can be imposed by the Revenue Department for the removal of red earth and there is no need for issuing separate restrictions by the Industries Department. Obviously the issue has not been understood correctly. The effect of the aforementioned judgment is W.P.(C).18770/09 2 that ordinary earth is liable to be treated as minor mineral and therefore, restrictions which otherwise are to be imposed under the Minor Mineral Concession Rules, would apply to the case of red earth also. But if there is no royalty fixed in respect of red earth then obviously there cannot be a levy of such royalty on red earth. In other words whatever restrictions can be imposed, in the matter of a minor mineral under the Minor Mineral Concession Rules can be made applicable to red earth also going by the dictum laid down by the Division Bench. Therefore, a decision will have to be taken on Exhibit-P3 application, in accordance with law. 3. In the result, the writ petition is disposed of directing the respondent to pass orders on Exhibit-P3 after hearing the petitioner or his authorized representative within one month from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs