Kerala High Court
V.S.Bashir vs The Director Of Mining And Geology on 12 November, 2018
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY,THE 12TH DAY OF NOVEMBER 2018/21ST KARTHIKA, 1940
WA.No. 2154 of 2018
AGAINST THE JUDGMENT IN WP(C)23755/2018 of HIGH COURT OF
KERALA DATED 24.10.2018
APPELLANT/PETITIONER:
V.S.BASHIR
"MANJU", OLAYIL, PALACE WARD,
THEVALLY P.O, KOLLAM 691009.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENTS/RESPONDENTS:
1 THE DIRECTOR OF MINING AND GEOLOGY
DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE P.O,
THIRUVANANTHAPURAM 695004.
2 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY, CIVIL STATION, E-BLOCK, KANNUR.
BY GOVERNMENT PLEADR SRI. S. KANNAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.11.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
W.A.2154/2018
2
JUDGMENT
Hrishikesh Roy, CJ Heard Sri. George Poonthottan, the learned counsel appearing for the appellant/writ petitioner. Also heard Sri. S. Kannan, the learned Government Pleader appearing for the respondents.
2. The matter pertains to the effort made by the writ petitioner to mine Laterite in the 4.8564 hectares of land in Re-survey No.1/1 of Panappuzha, Kannur Taluk, in Kannur District. It is seen from the communication of the State's Director of Mining and Geology (Ext.R1(C)) that clarification was sought as to whether Laterite (used for industrial purpose) occurring in the northern districts of Kerala, is aluminous in nature and therefore, the State can grant mining permission for extraction of such mineral, under the Kerala Minor Mineral concession Rules 1967 by treating the ore as a minor mineral or whether, the concerned mineral should be treated as a Bauxite, a major mineral, taking note of the aluminum bauxite content, in the concerned ore.
3. The notification dated 25.4.2018 of the Indian Bureau of Mines (Ext.R1(d)) suggests that the threshold value of minerals are to be reviewed periodically by the Indian Bureau of Mines. For Bauxite, the notification specifically shows the different threshold values for treating Aluminum Laterite and Bauxite as Bauxite mineral, for the purposes of the Mines and Minerals (Development and Regulation) Act, 1957. Taking note of the confusion as to whether the mineral is to be treated as minor mineral or major mineral, the Director of Mines and Geology, under the Ext.R1(C) communication dated 6.4.2018, addressed to the Controller General, Indian Bureau of Mines had W.A.2154/2018 3 requested that clarification be provided whether the Department should treat the mineral with the chemical composition and end use mentioned in the letter, as a minor mineral under the Kerala Minor Mineral Concession Rules, 2015 or shall treat the same as a major mineral, under the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, in which case, the authority vests on the Central Government, to regulate the excavation of major mineral.
4. It is seen from the impugned judgment dated 24.10.2018 in the W.P(C). No. 23755 of 2018 that the learned Judge, while rejecting the Writ Petition, has opined that it is for the Central Government to issue appropriate clarification and if the competent authority ie., the Indian Bureau of Mines gives clarification in response to the R1(C) communication made by the 1 st respondent, the application for lease submitted by the petitioner would be duly considered, in accordance with law.
5. We, however, find that no time limit was fixed by the learned Single Judge for issuing the requested clarification, by the authority of Central Government, probably because, the concerned authority were not arrayed as respondents, in the writ proceedings.
6. Having considered the above, and interacting with Smt. C.G. Preetha, the Central Government Counsel, we do not deem it appropriate to interfere with the impugned judgment except to say that the clarification sought under the communication dated 6.4.2018 (Ext.R1(C)) be provided by the Controller General, Indian Bureau of Mines within a period of six weeks, from the date of receipt of a copy of the judgment, to the Director of Mining and Geology of the Kerala Government. To facilitate the time bound exercise, the appellant/writ petitioner may produce a copy of this judgment along with a copy of the Writ Appeal with all annexures before the said W.A.2154/2018 4 authority for necessary further action, for issuing the required clarification.
7. With the above order the case is disposed of.
Sd/-
Hrishikesh Roy, Chief Justice Sd/-
A.K. Jayasankaran Nambiar, Judge sou.