M/S. Malabar Blue Metal v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9360 of 2015 (T) --------------------------- PETITIONER(S):
-------------------------- M/S. MALABAR BLUE METAL, VENGASSERRY P.O., AMBALAPPARA, PALAKKAD - 679 516, REPRESENTED BY ITS MANAGING PARTNER, AJAY WILSON, S/O.WILSON, AGED 38 YEARS, RESIDING AT THEKKENATHU HOUSE, ALLAPRA P.O., PERUMBAVOOR - 683 556.
BY ADVS.SRI.RAAJESH S.SUBRAHMANIAN, SRI.V.R.RAJESH.
RESPONDENT(S):
----------------------------
1. STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (A) DEPARTMENT.
2. DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM - 695 004.
3. GEOLOGIST, DISTRICT OFFICE, MINING & GEOLOGY, PALAKKAD - 678 001.
BY SR. GOVT. PLEADER SRI.K.C. VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 9360 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS:- P1TRUE COPY OF THE REGISTRATION CERTIFICATE (FORM -S) BEARING NO.179/2014-15/RMCU/PKD/6212/M3/2014 DATED 21.05.2014 ALONG WITH PAYMENT OF CONSOLIDATED ROYALTY FOR THE PERIOD 2014-2015 ISSUED BY THE 2ND RESPONDENT.
P2TRUE COPY OF THE NOTIFICATION BEARING NO.GO(P) NO.1/2008/ID DATED 01.01.2008 ISSUED BY THE 1ST RESPONDENT. P3TRUE COPY OF THE AMENDMENT MADE TO THE KERALA MINOR MINERAL CONCESSION (AMENDMENT) RULES 2015 BEARING NO.GO(P) NO.1/2015/ID DATED 05.01.2015 ISSUED BY THE 1ST RESPONDENT. P4TRUE COPY OF THE NOTICE DATED 25.02.2015 BEARING NO.DOP/436/2015/A ISSUED BY THE 3RD RESPONDENT.
P5TRUE COPY OF THE COMMUNICATION DATED 20.02.2015 BEARING NO.896/M3/2015 ISSUED BY THE 2ND RESPONDENT.
P6TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITONER DATED 09.03.2015.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 9360 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of March, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
"i) Issue a writ of Certiorari or other appropriate writ order or directions to call for the records leading to Exhibit P4 and to quash the same;
ii) Issue a writ of mandamus or other appropriate writ order or direction to the respondents to 2 and 3 to declare that the petitioner is only entitled to pay the enhanced consolidated royalty from the date of coming into force of notification of Ext. P3 iii) Such other relief's which this Hon'ble Court deems fit and necessary in the circumstances of the case and the cost of this case "
2. The petitioner is mainly aggrieved of the enhancement of the 'consolidated royalty' as per Ext.P3 notification dated 05.01.2015. The learned counsel for the petitioner points out that, by virtue of the amendment of the Kerala Minor Mineral Concession Rules, 2015 brought into force from the date of said notification as given in
W.P.(C) No. 9360 of 2015 : 2 :
Ext.P3, the 'consolidated royalty' payable has been enhanced to Rs.4 lakhs. The petitioner has been served with Ext.P4 notice dated 25.02.2015 to satisfy the arrears of Rs.4 lakhs, which according to the petitioner is per se wrong and illegal. Hence this writ petition.
3. Heard the learned Government Pleader as well.
4. During the course of hearing, the learned counsel for the petitioner submits that Ext.P3 amendment does not have any retrospective effect and that the same will come into effect only after the date of notification; and as such, the liability of the petitioner can only be from 05.01.2015 to 31.3.2015. The petitioner has also filed an application for renewal of registration of their establishment, as borne by Ext. P6.
5. After hearing both the sides, the writ petition is disposed of directing the 2nd respondent/Director of Mining and Geology to consider the issue involved and pass appropriate orders on Ext.P6, in accordance with law, at the earliest, at any rate within 'six weeks' from the date of receipt of a copy of the judgment; subject to satisfaction of 25% of the consolidated Royalty payable for the year 2015-'16. Coercive proceedings, if any, pursuant to Ext.P4 (for 2014-15) shall be kept in abeyance , subject to satisfaction
W.P.(C) No. 9360 of 2015 : 3 :
of a sum of Rs. 1,00,000/- within 'ten days' from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for further steps.
Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd