9911796707
TMI Blog2003 (1) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent dated 10.1.2000. 4. Certain undisputed facts have to be set out. The writ petitioner was granted mining lease to quarry black dimensional granite Stone owned by the State of Kerala in the lands comprised in 17/5-1, 17/7, 17/8, 17/16, Block No.37 in Nagaroor Village, Chirayin Keezhu Taluk, Trivandrum District for a period of Twenty years. The lease deed was executed on 24.11.1997 in the form prescribed under the Kerala Minor Mineral Concession Rules 1967. The petitioner secured a valid license in quarrying granite. The petitioner is transporting coloured dimensional black granite to different places in the state of Tamil Nadu, Andhra Pradesh etc., after paying necessary seinerage fee to the State of Kerala with permits issued by the Department of Mining and Geology, Trivandrum District such as bulk permit and cash memorandum in form P issued under Rule 48K of the Kerala Minor Mineral Concession Rules. M/s. Evershine Granites, Kuppam, Andhra Pradesh placed orders for supply of granite block of 10.478 CBM, while two others namely M/s.Crystal Granites, Maharashtra and PSTS Co., Tuticorin placed orders for supply of granite blocks measuring 4.435 CBM and 5.662 CBM and 4.498 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 67, the imposition of penalty in respect of the granite block transported in the course of inter state movement is illegal and without jurisdiction. Having verified with the Kerala authorities the respondent should have released the granite block and lorry without delay. 8. The respondent filed a counter setting out the details of transportation of coloured granite block by the petitioner. The Tahsildar, Sankari reported that a case has been lodged against the transportation and treated as illicit transportation by the petitioner. The petitioner's Manager prayed for the release of the vehicle without imposing any fine after perusing the genuineness of the documents and after getting a report from the Department of Mining and Geology, Trivandrum. Thereafter a penalty was levied with five times seigniorage fee for alleged illicit transportation of granite by the respondent. 9. It is admitted that the granite block is covered by a valid transport permit which is valid from 18.12.1999 to 26.12.1999. The petitioner has also furnished all the documents to the driver of the lorry covering the consignment. It is stated that the petitioner did not produce the despatch slip as requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed a copy of the proceedings of license issued by the Mining and Geology, Government of Kerala granting the quarrying lease for quarrying dimensional stone. It is true that the petitioner has got a valid quarrying license. The petitioner has also produced copy of the agreement executed between the petitioner and the Governor of Kerala on 24th November, 1997 which enables the petitioner to quarry black granite dimensional stones in the particular survey numbers detailed in the agreement and there is no quarrel. 14. By a bulk permit dated 18.12.1999 the Department of Mining and Geology, State of Kerala issued permit for transporting dimensional granite stone to (i) M/s. Evershine Granites, Kuppam, Andhra Pradesh, (ii)M/s.Crystal Granites, Maharashtra and M/s.PSTS Company, Tuticorin for a total quantity of 24.473 CBM. The consignment is covered by valid permit. The lorry number is also set out in the bulk permit which is despatched from the quarry to Kuppam in Andhra Pradesh. By four lorries totally 24,473 CBM of black dimensional granite stones were despatched on 20th or 26 of December 1999 as detailed in the bulk permit issued by the Department of Mining and Geology, State of K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or that it requires a despatch slip issued under the Tamil Nadu Minor Mineral Concession Rules, which is a misconception. The documents produced by the petitioner would show that the petitioner is a grantee of lease by the State of Kerala who was permitted to quarry, given permit for the movement of the granite blocks and other documents with respect to the sale by the petitioner to the consignee in Andhra Pradesh. Despite the same, the respondent has proceeded as if that there has been violation of Rule 36-A(3), 36-A(5) and 36(5)(b) of the Tamil Nadu Minor Mineral Concession Rules, 1959. 18. Rule 1 (2), particularly preliminary makes it clear that Tamil Nadu Minor Mineral Concession Rules have no application to the consignment of Kerala granite being transported from Trivandum to Kuppam an inter-state movement. 19. The preliminary Rule reads thus:- 1. PRELIMINARY:- (1) These rules may be called the Tamil Nadu Minor Mineral Concession Rules, 1959. (2) They extend to the whole of the State of Tamil Nadu. (3) They shall apply to all the lands in the State of Tamil Nadu including the lands in the estates taken by the State Government under the Tamil Nadu Estates (Ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umerated in the said Sub section. The various sub clauses namely Section 15(1)(a) to (o) will not enable the State Government to frame Rules in respect of minerals whose origin is admittedly from the other State and what is contemplated under the Rules is in respect of the quarries or minerals or granites quarried within the State there could be a regulation. The Tamil Nadu Rules has no application and Tamil Nadu State has no authority or right to impose or collect royalty in respect of black granite which is admittedly of Kerala origin. Nor, penalty could be levied. Under Section 13, the Central government has the authority to frame rules regulating grant of prospecting license and mining leases. 24. In State of Tamil Nadu Vs . Kaveri Chetty, reported in MANU/SC/0165/1995MANU/SC/0165/1995 : while examining the scope of Section 15 of the Mining and Mineral (Regulation and Development) Act, 1957, the Apex Court held thus:- 21. The said Act is enacted to provide for the regulation of mines and the development of minerals under the control of the Union. Section 2 of the said Act declares that it is expedient in the public interest that the Union should take under its control th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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