IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 W.P(C).No. 11283 of 2008(R) ---------------------------------- PETITIONER: -------------- BHASKARAN, AGED 53 YEARS, S/O. KOCHUMMINI, SNEHALAYAM, PUTHIYAVILA P.O., VALANCHIRA, KAYAMKULAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE REVENUE DIVISIONAL OFFICER, ADOOR. 3. THE TAHSILDAR, ADOOR. 4. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER (DOUBLING), SOUTHERN RAILWAY, KAYAMKULAM. 5. THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 11283 OF 2008 R ==================== Dated this the 7th day of April, 2008 J U D G M E N T Petitioner submits that for transportation of red soil for the purpose of executing the work of the 4th respondent, he had deployed trucks. According to him, on allegations of violation of Mines and Minerals (Development & Regulation) Act, 1957, two of his trucks have been detained since 30/3/2008. It is stated that the detention was effected by the 5th respondent and that the matter has been reported to the 1st respondent. 2. Learned Government Pleader justifies the detention on the basis that ordinary earth has been included as Minor Mineral in terms of Section 3(c) of the Mines and Minerals (Development & Regulation), Act 1957. Though the learned counsel for the petitioner does not dispute the correctness of the submission made by the learned Government Pleader, he would complain that the Geologists are taking the stand that quarrying permit is not necessary as royalty has not been fixed. He is also referring to Ext.P5 proceedings of the Lok Adalath concerning an identical issue that WPC 11283/08 :2 : arose in Aleppey District. 3. Be that as it may, as per the provisions of the Mines and Minerals (Development & Regulation), Act 1957, if pass is required to be obtained, that has to be complied with. For that, as pointed out by the learned Government Pleader, it will be open to the petitioner to approach respondents 1 to 3 or any one of them, in which case, they will inspect the land and issue necessary directions that are required for the petitioner to transport red soil in execution of the work that the petitioner has been awarded by the 4th respondent. 4. Now what remains is the release of the trucks for continuing transportation of the ordinary earth. Since the royalty has not been fixed, there cannot be an order directing the petitioner to remit any specified amount. 5. Therefore, I direct that the vehicles of the petitioner that are now under detention shall be released to the petitioner subject to his giving an undertaking to the 1st respondent that any royalty that is payable will be paid by him as and when the same will be demanded. He shall also WPC 11283/08 :3 : undertake to produce the trucks as and when called for and not to alienate or encumber the vehicles in the meanwhile. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp