ST. JOSEPH GRANITES Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge raised in the above batch of writ petitions is against a notification, G.O.(P) No.01/2015/ID dated 05.01.2015, bringing in amendments to the Kerala Minor Mineral Concession Rules, 1967, ('Rules of 1967' for short) enhancing inter alia the rates of Royalty, Consolidated Royalty etc.

(2.) The challenge raised in the various writ petitions are three fold. The significant challenge raised is on the implementation of the said amendment, giving retrospective effect to the same, for the financial year 2014-2015 and the demands raised for consolidated royalty under Schedule IV, at the enhanced rates for the said financial year. The amendment is also challenged on the ground of the rates being excessive and on grounds of discrimination insofar as the different rates prescribed for Cone Crushers and other metal crushers; based on the Horsepower with respect to the former and Jaw size for the other crushers.

(3.) Essentially, the issues to be decided are: