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2018 Supreme(Ker) 169

A.K.JAYASANKARAN NAMBIAR
Crystal Granites Limited – Appellant
Versus
State of Kerala Represented by the Secretary, Department of Mining – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. N. James Koshy, Sri. T. Sanjay
For the Respondents: Sri. Ranjith Thampan

JUDGMENT :

As these writ petitions involve a common issue, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.13549/2014.

2. The petitioners in W.P.(C).No.13549/2014 are a private limited Company and a partnership firm respectively, both of whom have obtained quarrying leases from the State Government for quarrying granite metal, from lands belonging to them as well as from Government puramboke lands. It is not in dispute that in the orders passed by the Director of Mining and Geology granting the petitioners the quarrying leases, there is an express clause that obliges the petitioners to pay to the Government the seignorage payable, as and when demanded by the Government. The petitioners had accepted the said grant in their favour and commenced mining activities on the lands in question, with due compliance with the procedures mandated under the Mines and Minerals (Development & Regulation) Act, 1957 (hereinafter referred to as the 'MMDR Act') and Rules. The petitioners have also been paying the Royalty and other charges due to the Government, as mandated under the sai

























































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