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2021 Supreme(Ker) 159

P.B.SURESH KUMAR
J&P Sand and Aggregates International Pvt. Ltd. – Appellant
Versus
State of Kerala Rep. by its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Santhosh Mathew, Sri. Arun Thomas, Sri. Jennis Stephen, Sri. Vijay V. Paul, Sri. Anil Sebastian Pulickel, Sri. Abi Benny Areeckal, Smt. Karthika Maria, Smt. Veena Raveendran, Smt. Divya Sara George, Smt. Jaisy Elza Joe, Smt. Leah Rachel Ninan, Smt. Nanda Sanal.
For the Respondents: Sri. Renjith Thampan, Sri. S. Kannan.

JUDGMENT :

P.B. SURESH KUMAR, J.

1. Petitioner seeks in this proceedings a declaration that Exts.P1 to P5 Ordinances are bereft of any legal effect and the same do not create any right in the State over the minerals in the land referred to in the writ petition.

2. The petitioner owns a land measuring 2.2258 hectares in Resurvey Nos. 25/1A Pt. and 25/1/1 of Nidiyenga village. This land was part of the erstwhile Malabar district in the Madras Presidency of the British India. It is stated by the petitioner that being the owner of a jenmom land in the Malabar district, they own subsoil rights (mineral wealth) in the land as well, as declared by the Apex Court in Thressiamma Jacob and Others vs. Geologist, Department of Mining and Geology and Others, (2013) 9 SCC 725. It is alleged by the petitioner that in order to get over the declaration of law made by the Apex Court in Thressiamma Jacob, on 29.12.2019, the Governor of Kerala promulgated Ext.P1 Ordinance namely the Kerala Minerals (Vesting of Rights) Ordinance, 2019 providing that notwithstanding anything contained in any other law or in any judgment or decree or order of any court or proclamation, all rights in the minerals in the soil

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