K.S. Radhakrishnan, Ag. C.J.

The question that is posed for consideration in, this batch of cases is whether State Government has got power to demand dead rent as per R.29(1)(d) of the Kerala Minor Mineral Concession Rules, 1967 for the period during which minor lease was kept idle. Learned single Judge found no infirmity in the demand and dismissed the Original Petitions. Aggrieved by the same these appeals have been preferred.

2. For disposal of these cases we will refer to the facts in O.P.No.630 of 1999 against which W.A.No.148 of 2003 was filed. Petitioner is a partnership concern carrying on business of quarrying and exporting granite. By proceedings dated 14.05.1996 first respondent granted quarrying lease for extraction of granite dimension stone of M/s. Indus Granites over an extent of 6.7608 hectares in survey numbers 122/1 and 122/2 of Vandanmedu village in Udumbanchola taluk in Idukki district for a period of three years. Lease deed was executed in favour of M/s. Indus Granites on 29.05.1996. Indus Granites could not carry on quarrying operation in the above mentioned land due to financial constraints. Consequently they had sold the above mentioned property, f