Whether 'Weathered Rock' and 'Weathered Sand' stated as manufactured from weathered rock, do come within the purview of the term “Ordinary earth” notified as 'Minor Mineral' vide Government of India notification dated 3.2.2000 published in the Gazette of India, in exercise of powers under S.3(e) of the Mines & Minerals (Development & Regulation) Act, 1957 (hereafter referred to as 'MMDR Act') and included in the 1st Schedule to the Kerala Minor Mineral Concession Rules, 1967 (hereafter referred to as 'KMMC Rules') as per G.O.(P) No.138/12/1D on amendment of the relevant Rules, is the point to be answered in these Writ Petitions.

2. Various Writ Petitions came to be filed, mainly contending that 'Weathered Rock/Weathered Sand' is not a 'Minor Mineral' and as such, no permit/pass is required to be issued by the concerned Geologist under the relevant provisions of the MMDR Act/KMMC Rules. According to most of the petitioners, by virtue of the judgment rendered by a Division Bench of this Court in W.A.No. 1570/2011 and W.P.(C).No. 28906/2011, no such pass or permit is necessary, as it is not a 'Minor Mineral' and that, it could be transported on the strength of valid Sale Bills/Invoices, provided that there is valid registration under the KVAT Act/Rules.

3. In some of the cases, the petitioners contend that, they are manufacturers and dealers of 'Weathered Sand' and that they have got all the requisite licences issued by the Local Authority, the Commercial Taxes Authorities and also by the Pollution Control Board. But when they approached the authorities under the Mining and Geology Department, seeking for issuance of valid P-Forms for enabling them to transport the material (“Weathered Rock/Weathered 'Sand'), the request was turned down by the said Department stating that, 'Weathered Rock/Weathered Sand' was not a 'Minor Mineral' and as such, no pass could be issued by the Department. At the same time, the operation being pursued by the said petitioners, including transportation of 'Weathered Rock/Weathered Sand' is being intercepted by the Police/Revenue Authorities, for want of requisite licence/pass; from the Mining and Geology Department and hence the challenge, seeking to restrain the Police/Revenue Authorities from interfering with the manufacturing and sale of 'Weathered Rock'/ 'Weathered Sand' or in the alternative, to direct the authorities of the Mining and Geology Department to issue necessary P-Forms under KMMC Rules.

4. A detailed counter affidavit has been filed on behalf of the additional 6th respondent/State in W.P.(C) No. 4415/2013, mainly contending that, 'Weathered Rock/Weathered Sand' is of course a 'Minor Mineral' and as such, it is necessary that permit/pass be issued by the Mining and Geology Department. The respondents also point out with reference to the notification bearing No.G.S.R 95(E) dated 3.2.2000, that the Ministry of Mines and Minerals, Government of India has declared 'Ordinary earth' (as specified therein) as 'Minor Mineral' and that the same will take in 'Weathered Rock/Weathered Sand' as well. Reference is also made to G.O.(P) No.138/12/ID dated 17.11.2012, whereby the KMMC Rules, 1967 have been amended to the effect that, 'Ordinary earth' has been included in Schedule No.1, so as to enable the Government to realise Royalty in respect of excavations of ordinary earth. A true copy of the notification dated 3.2.2000 issued by the Government of India has been produced as Ext.R6(a) along with the said counter affidavit.

5. As the issue is almost common in all these cases, which is rather a legal question, the learned Government Pleader entered appearance on behalf of the State/respondents in all these cases and stated that, the contentions raised in the counter affidavit filed in W.P.(C) No.4415/2013 are sought to be relied on in the other cases as well and hence, copy of the said counter affidavit has been served to the petitioners in the concerned cases. As agreed by both the sides, all t