Kerala High Court
V.V.Minerals vs Union Of India on 14 October, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 29TH DAY OF OCTOBER 2014/7TH KARTHIKA, 1936
WP(C).No. 22546 of 2003 (H)
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PETITIONER(S) :
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V.V.MINERALS,
REPRESENTED BY ITS MANAGING PARTNER,
S.VAIKUNDARAJAN, 40/98, KEERAIKARANTHATTU,
TISAIYAMVILAI, THIRUNELVELI DISTRICT.
BY ADVS.SRI.V.V.ASOKAN
SRI.SUNIL SHANKER
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF MINES, NEW DELHI.
2. STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT,THIRUVANANTHAPURAM.
3. DIRECTOR OF MINING AND GEOLOGY,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
R1 BY ADV.N.NAGARESH, A.S.G
R2 & R3 BY GOVERNMENT PLEADER SRI.JOBY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29-10-2014, ALONG WITH W.P.(C).NO.15688 OF 2003, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
K. VINOD CHANDRAN, J
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W.P(C) No. 22546 of 2003(H) & 16999 of 2010 (Y)
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Dated this the 14th day of October, 2016
J U D G M E N T
The petitioner is identical in both the writ petitions but the prayers are different. In the first writ petition the petitioner challenged clause (b) of Rule 22D, brought in by an amendment to the Mineral Concession Rules, 1960; by which a minimum area for grant of mining lease was prescribed. The second writ petition was filed challenging the order declining a mining lease, on the ground of a policy decision of the State Government, to reserve certain areas for State/Central Public Sector Undertakings.
2. The challenge against the policy was upheld in another batch of writ petitions by a learned Single Judge, which judgment was confirmed by a Division Bench of this Court. The Civil Appeals filed by the State against the said common judgment was dismissed by the Hon'ble Supreme Court in C.A. No 3608 of WPC.No.22546/2003 &16999/2010 : 2 : 2014 and connected cases by majority judgment dated 08/04/2016. The policy was found to be not framed as stipulated in Section 17A of the Mines and Minerals (Development and Regulation) Act, 1947 (for brevity MMDR Act) and the reservation was hence held to be not a valid reservation as contemplated under the MMDR Act. The Hon'ble Supreme Court refused to interfere with the judgment of the High Court, directing reconsideration of the application made by private entrepreneurs; but however reserved the right of the State to make a reservation as provided for Section 17A of the MMDR Act.
W.P(C) No. 16999 of 2010 will have to be disposed of on the very same terms and I do so respectfully following the decision in C.A. No 3608 of 2014 and connected cases dated 08/04/2016 reported in 2016(6) SCC 323 (State of Kerala v. Kerala Rare Earth & Minerals Ltd.). W.P. (C) 22546 of 2003, it is submitted by the learned Counsel appearing for the petitioner, also be disposed of on the same terms. However since the prayers are different there WPC.No.22546/2003 &16999/2010 : 3 : can be no disposal on the same terms and the challenge hence is held to be not pressed. No Costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
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