Jagannadha Rao, C.J.

This Writ Appeal raises the question of the right to minerals, namely, extraction and removal of granite blocks and rubble from patta lands in the State of Kerala. The question also arises incidentally as to the-validity of the Proclamation issued by His Highness, the Maharaja of Travancore dated 14-6-1881 vesting mineral rights in all lands in the State consequent upon the enactment of the Mines and Minerals (Regulation and Development) Act, 1957. The learned Single Judge held that the mineral rights vest in the State. He also upheld the validity of the Proclamation issued by the Maharaja of Travancore dated 14-6-1881 and refused to quash Exts.P5 and P6 orders.

2. The facts of the case are as follows: The appellant obtained three quarrying permits on 22-10-1991,22-11-1991 and 6-3-1992 (Exts. P1, P1(a) and P1(b) issued by the Tahsildar, Attingal in Form E under the'Kerala Minor Mineral Concession Rules, 1967' for extracting and removing 50 tonnes each of rubble from the lands of pattadars of 1.23 acres taken on lease by the appellant. He found stones were of export quality and so, instead of extracting rubble for use as ballast for railways, the appel