IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 28655 of 2011(F) ---------------------------------- PETITIONER(S): ------------------- 1. PARAMESWARAN NAIR, S/O.GOPALAN NAIR, AGED 50, RESIDING AT 'CHENKOTTIL HOUSE', 9/499, PUTHENCRUZ, VADAVUCODE, PUTHENCRUZ P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2. RAJI PARAMESWARAN NAIR, W/O.PARAMESWARAN NAIR, AGED 42, RESIDING AT 'CHENKOTTIL HOUSE', 9/499, PUTHENCRUZ, VADAVUCODE, PUTHENCRUZ P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): --------------------- 1. THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION, ALAPPUZHA DISTRICT- 688 534. 2. THE DISTRICT COLLECTOR, ALAPPUZHA-688 001. 3. THE DISTRICT COLLECTOR, ERNAKULAM-682 030. 4. THE SECRETARY, DEPARTMENT OF INDUSTRIES, MINING & GEOLOGY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVT. PLEADER SRI.MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 28655/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION DATED 21/05/2011 SUBMITTED TO THE 2ND RESPONDENT. P2: COPY OF THE JUDGMENT DATED 25/05/2011 IN WPC. NO.14104/11 P3: COPY OF THE REPORT OF THE AROOR VILLAGE OFFICER DATED 14/06/2011. P4: COPY OF THE ORDER DATED 28/06/2011 PASSED BY THE 2ND RESPONDENT. P5: COPY OF THE PAYMENT RECEIPT DATED 30/06/2011 ISSUED BY THE TAHSILDAR, CHERTHALA. P6: COPY OF THE GOVERNMENT ORDER DATED 05/04/2010. P7: COPY OF THE REPRESENTATION DATED 09/01/2008. P8: COPY OF THE DECISION DATED 09/01/2008. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 28655 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 21st day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Prayers sought in the writ petition are the following:- “(a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P4 order after calling for the records leading thereto; (b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to immediately refund the amount covered by Ext.P4 order Ext.P5 receipt to the petitioners; (c) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents not to obstruct transportation of red earth.” 2. In so far as Exts.P4 and P5 are concerned, when the petitioners' two trucks bearing registration W.P.(C) No.28655/2011 : 2 : Nos.KL-40A-8611 and KL-40A-4534 were seized on the allegation of violation of Kerala Minor Mineral Concession Rules, 1967, an adjudication was held in which the petitioners confessed their guilt and the offence was compounded levying a fine of `5,000/- each. Accordingly, petitioners remitted the amounts and the order of the District Collector is Ext.P4 and the receipt issued acknowledging payment of the fine is Ext.P5. In this writ petition, petitioners placed reliance on Ext.P6 Government Order bearing No.GO(MS) No.85/2010/Ind. dated 05.04.2010 and contends that the levy of fine is illegal and they are justified in transporting red earth without any permit. However, the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 were interpreted by the Apex Court in the judgment in Som Datt Builders Ltd. Vs. Union of India [2009 (4) KLT 638(SC)] and it has been held that red earth is also a minor mineral. The said Act and the provisions of the Kerala Minor Mineral Concession Rules, 1967 were interpreted by a Division Bench W.P.(C) No.28655/2011 : 3 : of this Court in the judgment in Construction Materials Movers Association Vs. State of Kerala [2008 (4) KLT 909] which are also taken similar. In the light of these judgments, I cannot accept that the petitioners are free to transport red earth without any permit. If that be so, the fact that the Government Order takes contrary to is immaterial. In such circumstances, I do not find anything illegal in Exts.P4 and P5 nor can this Court direct the respondents not to obstruct transportation of red earth. Writ petition fails and accordingly, it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/21/11 // True Copy // P.A. To Judge