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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Kartika Metal Crusher, Represented by its Proprietor Mr. Biju – Appellant
Versus
State of Kerala, Represented by Secretary, Government of Kerala, Department of Mining and Geology – Respondent
JUDGMENT :
A. Muhamed Mustaque, J.
This appeal was filed by respondents 6 to 8 and 10 in the writ petition, aggrieved by the judgment of the learned single Judge revoking the mining lease granted in favour of them. The writ petitioner is a local resident. He approached this Court with the writ petition alleging that there were so many violations of conditions in the mining lease and based on the violation, the mining lease granted in favour of the appellants, is bound to be revoked. The learned single Judge heard the matter in detail and after adverting to the violations and compounding the offence by the appellants, came to the definite conclusion that Ext.P12 mining lease is liable to be revoked. This decision is called in question. It is to be noted that this is not a case where any fundamental rights of the petitioner are directly involved in a decision by this Court in the writ jurisdiction. The decision making authority to cancel or revoke the licence is the Director of the Directorate of Mining and Geology, the second respondent in the writ petition. He has not rendered a decision after adverting to the complaint of the writ petitioner. It is not proper for this Court to exerc
The court emphasized the importance of adhering to lease conditions and highlighted that sympathy or mercy cannot override the terms and conditions of a lease agreement.
Cancellation of mining lease without notice violates principles of natural justice; the court will not intervene when administrative processes are pending.
State Government framed the Rajasthan Minor Mineral Concession Rules, 2017.
The court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
Mining Lease approvals were revoked due to the petitioners' failure to comply with statutory requirements, rendering prior approvals void.
An authority cannot adjudicate a matter it has previously decided, emphasizing the importance of jurisdiction in administrative law.
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
Rule 18 (21) of Rules, 1986, which provide for alternate consequences of breach of conditions of lease.
An order passed against a deceased person is a 'nullity', and alternative remedies may be explored under changed mineral classifications, with the Competent Authority empowered to condone delay in fi....
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