1. This is a petition filed by 18 persons u/s. 482 of the Code of Criminal Procedure Code 1973 (short Code) praying that Annexure-A2 in crime 1349/2010 of the Vaikom Police station, pending before the Judicial First Class Magistrate Court-I, Vaikom in S.T.No.1519/2011 U/s.4(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'Act' for short) r/w. Section 21 (1) of the Act may be quashed. The Sub Inspector of Police, Vaikom arrested the petitioners, registered Annexure-A1 FIR and charge sheeted them in the above case. The grounds urged for quashing the charge was violation of mandatory provisions contained in the Act and if trial is continued without considering the violation, it will end in acquittal which amounts to abuse of the process of court.

2. The allegation is that on 15.12.2010 at 9 a.m., the petitioners had collected clams, the recent lime shells accumulated over the lake bed of Vembanad lake, measuring below 15 mm from T.V. Puram in Vaikom Village against the Government order. The Sub Inspector of Police detected the offence and seized 1490 kg clams collected by the petitioners and their 18 boats from the place of occurrence. After completing investigation Annexure-A2 final report has been filed before Court. The petitioners, who are members of Vaikkom Taluk Lime Shell Co-operative Society Limited No.3145 which was registered under Travancore - Cochin Co-operative Societies Act of 1953 having its office at Pallipurathurssery village, Vaikom Taluk, Kottayam District approached this Court to invoke the inherent jurisdiction.

3. From the narration of the facts I propose to extract S.4 of the Mines and Minerals (Development and Regulation) Act 1957. The Section reads thus:

"4. Prospecting or mining operations to be under licence or lease.- (1) No person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this Act and the rules made thereunder:

Provided that nothing in this sub-section shall affect any prospecting or mining operations undertaken in any area in accordance with the terms and conditions of a prospecting licence or ming lease granted before the commencement of this Act which is in force at such commencement:

Provided further that nothing in this subsection shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines the Atomic Minerals Directorate for Exploration and Research of the Department of Atomic Energy of the Central Government, the Directorate of Mining and Geology of any State Government (by whatever name called), and the Mineral Exploration Corporation Limited, a Government company within the meaning of section 617 of the Companies Act, 1956:

Provided also that nothing in this subsection shall apply to any mining lease (whether called mining lease, mining concession or by any other name) in force immediately before the commencement of this Act in the Union Terriotory of Goa, Daman and Diu.

(1A) No person shall transport or store or cause to be transported "or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder.

(2) No reconnaissance permit, prospecting licence or mining lease shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder.

(3) Any State Government may, after prior consultation with the Central Government and in accordance with the rules made under section 18, undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any reconnaissance permit, prospecting licence or mining lease."

S.3(e) 'minor minerals' means building stones, gravel, ordinary clay,