Balakrishnan Nair, J.

The petitioners have approached this Court alleging, inter alia, harassment of police, when they transport ordinary earth used for land filling. The 1st petitioner is Construction Material Movers Association. The petitioners 2 to 11 are the members of the 1st petitioner. They are owners/operators of goods carriages, which are mainly used for carrying construction materials. When they are transporting red earth used for filling plots, where constructions are proposed to be undertaken, the revenue and police officials are interfering and restraining their vehicles. They say, for excavation and transporting of red earth, Government sanction is not necessary. They rely on Ext.P5 judgment of this Court, in support of that submission. They submit, the vehicles are seized by the revenue and police officials and thereafter released, imposing a fine upto Rs.40,000/-. Ext.P6 is a receipt issued by the Tahsildar, Thrissur, levying a fine of Rs.40,000/- and Ext.P7 is a receipt issued by the Sub Inspector of Police, Irinjalakuda, levying a fine of Rs.2,000/-. The petitioners contend, such actions of the authorities are ultra vires and unauthorised.

2. The petitioners point out that, as per Ext.P8 notification, the Central Government have included ordinary earth used for land filling in the definition of "Minor Mineral" in the Mines and Minerals (Development and Regulation) Act, 1957(hereinafter referred to as the Act). Even after the coming into force of Ext.P8, the State Government have decided that ordinary earth need not be included in the Schedule to the Kerala Minor Mineral Concession Rules, 1967(hereinafter referred to as the Rules). That is evident from Ext.P10 communication dated 18.3.2006. The Government, by the said communication, informed the Director of Mining and Geology that the proposal to amend the Schedule to the Rules, to fix royalty for ordinary earth in tune with Ext.P8 amendment has been dropped. The petitioners also submit that the Geologist of Ernakulam District has issued Ext.P11 communication, stating that the permission of the Department of Mining and Geology is not necessary for removing red earth. So, without any statutory power, the revenue and police officials are interfering with the transport of red earth. Therefore, the petitioners seek the following reliefs in this writ petition.

"I. Issue a writ in the nature of mandamus commanding the respondents 2 to 13 not to seize the vehicles of the respective petitioners and impose fine for the reason that they are transporting ordinary earth.

I(a) in the alternative issue a writ in the nature of mandamus commanding the 14th respondent to accept the applications, filed by the petitioners, filed under the Minor Mineral Concession Rules for permission to transport ordinary earth and consider the same on merits, treating that ordinary earth is a minor mineral."

3. The 2nd respondent District Collector has filed a counter affidavit, resisting the prayers in the Writ Petition. It is submitted therein that after the issuance of Exhibit P8 notification, no mining operation to win red earth can be undertaken, in view of Section 4 of the Act, without necessary permit/lease. Special reference is made to sub-sections (1) and (1A) of Section 4 of the said Act. Since ordinary earth is declared as a minor mineral, sanction is necessary for transporting ordinary earth in lorries. As the first petitioner and its members are transporting ordinary earth in lorries without permission, action is being taken. Therefore, the 2nd respondent prayed for dismissal of the Writ Petition.

4. The 13th respondent Circle Inspector of Police, Cherpu has filed a statement. In that statement, it is submitted that on 8.2008 vehicles bearing registration Nos.KL-17-C-1888, KL-10/K-4417, KL-08/AE-979, KL-45/5829, KL-02/N-4966, KL-08/AG-7047, Kl-4/3774, KL-7/AZ-9952 and KL-07/AK-4249 were seized from Kodannur, as they were found carrying ordinary earth removed from Aikunnu