IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 OP.No. 4734 of 2002(L) ---------------------- PETITIONER: ---------------- M/S. PLAKKATTU GRANITES (P) LTD., PAYYANAMON, KONNI, PATHANAMTHITTA, REPRESENTED BY ITS MANAGING DIRECTOR, THOMAS JACOB. BY ADV. SRI.BECHU KURIAN THOMAS SRI.PRAKASH PUTHIADAM SRI.ROSHIN IPE JOSEPH SMT.INDU SUSAN JACOB RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF INDUSTRIES, TRIVANDRUM. 2. THE DIRECTOR, MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, PATTOM P.O., THIRUVANANTHAPURAM. 3. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, PATTOM P.O., THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.K. BABU ADDL.ADVOCATE GENERAL FOR R1 TO R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 4734 of 2002 ORDER ON C.M.P.NO.8434 OF 2002 IN O.P.NO.4734 OF 2002 DISMISSED 17.9.2008 SD/ S. SIRI JAGAN, JUDGE. EXT.P1: COPY OF THE NOTICE DTD 19.2.2000 NUMBERED AS 589/DOPTA/M/99. EXT.P2: COPY OF ORDER DTD 25.8.2000 NUMBERED AS G.O.(RT) 957/2000/ID. EXT.P3: COPY OF THE NOTICE DTD 16.11.2001 NUMBERED AS 4575/M3/2000 ISSUED BY R2. EXT.P3(a): COPY OF THE NOTICE DTD 10.12.99. EXT.P4: COPY OF THE OBJECTION DTD 10.12.2001 SUBMITTED BY THE PETITIONER TO R2. EXT.P5: COPY OF THE NOTICE DATED 4.1.2002 NUMBERED AS 4575/M2/2001 ISSUED BY R1. EXT.P5(a): COPY OF THE CHALLAN DTD 17.1.2002 ISSUED BY R2 TO THE PETITIONER. EXT.P6: COPY OF THE LETTER DTD 17.1.2000 WRITTEN BY THE PETITIONER TO THE INDUSTRIES MINISTER. EXT.P7: COPY OF THE LEASE DEED DTD 8.9.1999 EXECUTED BETWEEN THE KERALA STATE THROUGH THE GEOLOGIST PATHANAMTHITTA AND PETITIONER. EXT.P8: COPY OF THE ORDER DTD 10.2.97 ISSUED BY THE ELECTRICITY BOARD. EXT.P8(a): COPY OF THE BILL DTD 18.3.1999 ISSUED BY INDIA TECHS FOR THE PURCHASE OF ROCK BREAKER. EXT.P9: COPY OF THE SALE DEED DTD 30.9.97 NO.2837/1997 OF THE SUB REGISTRAR OFFICE, KONNI. EXT.P10: COPY OF THE SALE DEED DATED 14.1.1993 NO.127/1993 OF SUB REGISTRAR OFFICE, KONNI. RESPONDENTS' EXHIBITS EXT.R3(1)(A-E): COPY OF REPORT DT. 10.9.99 OF INSPECTION OF THE QUARRY. EXT.R3-1(1-6) (EXTS. REFERRED IN THE INSPECTION REPORT) OP.No. 4734 of 2002 EXT.R3(2): NOTICE DTD 19.8.99 ISSUED BY THE GEOLOGIST TO THE TAHSILDAR. EXT.R3(3): INSPECTION REPORT DT. 19.8.99. EXT.R3(4): SKETCH. EXT.R3(5): G.O.(MS)NO.264/83/ID DT 24.10.83. EXT.R3(6): G.O.(Rt) NO.645/02/ID DT. 29.7.02. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.4734 OF 2002 ---------------------------------------- Dated this the 17th day of September, 2008 JUDGMENT The petitioner obtained a mining lease under the Mines and Minerals (Development and Regulation) Act. In respect of the same, Ext.P1 notice was issued to the petitioner directing them to pay an amount of Rs.5,68,38,560/-, being the value of granite illegally mined by them. Despite the objection raised by the petitioner, the same was confirmed. The petitioner approached the Government by filing a statutory appeal. The Government passed Ext.P2 order, whereby Ext.P1 order was set aside and the Director of Mining and Geology was directed to take action as per Rule 58(2) of the KMMC Rules. Based on the findings in Ext.P2, thereafter, Ext.P3 notice was issued to the petitioner directing the petitioner to show cause why again amounts should not be recovered from the petitioner for unauthorised mining. It resulted in Ext.P5 order, whereby the petitioner was again directed to pay an amount of Rs.5,68,58,560/- , which included a fine of Rs.25,000/-. That order is under challenge before me. O.P.No.4734/02 2 2. I am spared of considering the matter on merits in view of Ext.R3(6) order of the Government produced along with the counter affidavit, in which order, the last paragraph of Ext.P2 order was modified to read as :- “In the circumstances stated above the order of the Geologist, Pathanamthitta (order No.559/D.O.PTA/M/1999 dated 19.2.2000) is set aside”. That being so, Ext.P1 order stands set aside without any liberty to the lower authority to take any further action in the matter. Therefore, Ext.P5 is clearly against Ext.P2 order as no liberty was given to the Director of Mining and Geology to either issue show cause notice or to pass Ext.P5 order. Even otherwise, the petitioner has got a contention that under 58(2) of the Kerala Minor Mineral Concession Rules, the authority competent to initiate proceedings is only the Government and not the Director of Mining and Geology. Therefore, going by Ext.P2 as modified by Ext.R3(6), Ext.P5 is without jurisdiction. In the above circumstances, in view of Ext.R3(6) order, Ext.P5 order is quashed. O.P.No.4734/02 3 3. The learned Government Pleader seeks permission to review Ext.R3(6) order and to pass fresh orders in accordance with law. I am not expressing any opinion on the same. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd O.P.No.4734/02 4