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2019 Supreme(Ker) 219

HRISHIKESH ROY, A.K.JAYASANKARAN NAMBIAR
Binoy Kumar – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners:S. Sreekumar & K. Jaju Babu (Sr. Advocates), P. Martin Jose, P.M. Ziraj, P. Prijith, A.V. James & O.S. Jafarkhan.
For the Respondents:Addl. Advocate General (Ranjith Thampan) & Spl. Government Pleader (M.H. Hanil Kumar).

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. All these Writ Appeals arise from the common judgment dated 9.11.2018 of the learned Single Judge in Writ Petition Nos.19791, 17017, 25136 and 22963 of 2018. The sole issue raised in these Writ Appeals is the correctness of the finding of the learned Single Judge as regards the liability of the appellants herein to pay penalty under the Kerala Land Conservancy Act, 1957,on the quantity of mineral mined by them in excess, from Government puramboke lands over which they had quarrying leases, and under circumstances where they had already paid a consolidated royalty in terms of the Kerala Minor Mineral Concession Rules for the said quantity of the mineral extracted by them. It is not in dispute in these cases that the appellants herein had extracted minerals from the land, far in excess of the quantity that they were permitted to extract under the grants issued to them in terms of the Kerala Minor Mineral Concession Rules.

2. The learned Single Judge, through the common judgment, found that there was no provision either under the Kerala Land Conservancy Act or under the Kerala Minor Mineral Concession Rules enabling the appellants herein to mi





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