JUDGMENT : This Writ Petition is filed by the petitioner seeking the following reliefs: “1. Issue a writ of mandamus or any other appropriate writ, order or direction to the fifth respondent to issue transit permit and sufficient transit passes to transport the balance quantity of 6553 M3 of ordinary earth from the site covered by Ext.P1 agreement without insisting of payment of seigniorage within a reasonable period which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case; 2. Declare that payment of seigniorage is not required to extract and transport ordinary earth for the purpose of levelling the land for construction of foundation of a Government building in a Government land on the basis of agreement executed by the contractor and Government; 3. Declare that if any seigniorage has liable to be paid in connection with the work mentioned in Ext.P1 agreement that has to be paid by the first respondent since there was no agreement for payment of any seigniorage by the petitioner; and 4. Issue such other writ, orders or directions, which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case.” 2. Material facts for the disposal of the Writ Petition are as follows: 3. Petitioner has entered into Ext.P1 agreement with the 1st respondent for construction of a Mini Civil Station at Pala - Phase-II, within a property belonging to the State Government. Sl.Nos.1 to 6 of Ext.P2 schedule is regarding the earth work including excavation of earth by manual and mechanical means and disposal of excavated earth. According to the petitioner, the construction of the building can be carried out only after removal of excavated earth from the site, which also include in the proposed work agreed by the petitioner. The Chief Technical Examiner inspected the property and for levelling the site, ordinary earth up to 10629M3 has to be removed from the site and the 1st respondent granted sanction for the same. In the initial stage of the said work, ordinary earth having a quantity of 4076 M3 was removed from the site, and the same has been transported after payment of royalty on the application submitted by the 4th respondent. After initial stage of work, petitioner has to remove and transport 6553M3 of ordinary earth from the site. In the initial stage of the said work, ordinary earth having a quantity of 4076 M3 was removed from the site, and the same has been transported after payment of royalty on the application submitted by the 4th respondent. After initial stage of work, petitioner has to remove and transport 6553M3 of ordinary earth from the site. For the said purpose, 4th respondent submitted Ext.P4 application before the 5th respondent and requested to issue transit permit and sufficient transit passes to transport the balance quantity specified above, from the site. On receipt of the said application, 5th respondent informed that he would issue transit permit and transit passes only after payment of seigniorage by the petitioner for removing the earth since the property is a Government land. However, no written communication has been issued by the 5th respondent regarding the same. According to the petitioner, the stand adopted by the 5th respondent is illegal and arbitrary, and without any jurisdiction. It is also stated that the proposed removal of ordinary earth from the site is for the purpose of construction of a building for public purpose. So, no quarrying permit is required for the said purpose, as provided under S.106 of the Kerala Minor Mineral Concession Rules, but transit permits and transit passes are required, if the minor mineral has to be transported outside the site. 4. The 5th respondent has filed a detailed counter affidavit, refuting the allegations and claims and demands raised by the petitioner. According to the 5th respondent, the 4th respondent had requested for sanctioning transport permit and passes for ordinary earth, which was extracted and stocked in connection with the construction of the building of Mini Civil Station, Phase-II, Pala. The case of the 5th respondent is that, 4th respondent requested for transit permit and passes only for a quantity of 4076 M33 of ordinary earth. It is admitted that, as provided under R.106(3) of the Kerala Minor Mineral Concession Rules, 2015, no permission is required for quarrying, however, if the extracted mineral is to be transported out of the work site, competent authority shall issue mineral transit passes on an application made by the authority concerned, after collecting the royalty. Accordingly, Ext.P3 Order dated 13.09.2017 was issued for transporting 4076 M3 of ordinary earth. 5. Accordingly, Ext.P3 Order dated 13.09.2017 was issued for transporting 4076 M3 of ordinary earth. 5. It is also admitted that, 4th respondent submitted another request as Ext.P4 for sanctioning further passes for the balance quantity of 6553 M3 ordinary earth. According to the 5th respondent, as provided under sub-section (1) of S.6 of Kerala Land Conservancy Act, 1957, it shall not be lawful for any person to destroy, remove or appropriate for himself earth, metal, laterite, etc., of value as may be notified by the Government from any land belonging to the Government, whether a puramboke or not, except under and in accordance with the terms and conditions of a permit issued by the Government or such officer of the Government as may be empowered in that behalf, and on payment of compensation at the rate prescribed under sub-section (2). 6. The rate of compensation is fixed by the Revenue Department and the said authority is vested with the Tahsildar concerned. It is also pointed out that, as per the Amendment Rules, 2017, the Kerala Minor Mineral Concession Rules were amended by inserting sub-rule (3) after sub-rule (2) in R.32 of Rules, 2015, which states that, “in cases where extraction of mineral is from Revenue puramboke lands or from lands possessed by other Government Department or Local Self Governments, the person who extracts minerals from such lands shall be liable to pay compensation or value of minerals, as the case may be, to the Department concerned for the quantity of such extraction, as fixed by such Departments from time to time”. The said position was informed to the 4th respondent as per Ext.R5(a) communication dated 12.06.2018. As per the provisions, whoever removes ordinary earth from a Government property, has to pay the seigniorage to the Department within whose jurisdiction the said land lies. 7. The 6th respondent has filed a counter affidavit, wherein the quantity of earth removed etc., are admitted, and has submitted that, for removal of earth, petitioner has to pay an amount of Rs.13,10,600/- towards seigniorage, quantified at the rate of Rs.100/- per metric tonne, and has to produce the challan in the office of the 6th respondent. However, in spite of the direction, petitioner has not cared to produce the challan. Therefore, according to the 6th respondent, the seigniorage is levied in accordance with law. 8. However, in spite of the direction, petitioner has not cared to produce the challan. Therefore, according to the 6th respondent, the seigniorage is levied in accordance with law. 8. I have considered the rival submissions made across the Bar and perused the pleadings and the documents on record. 9. The fact discussion made above would make it clear that, in accordance with sub-rule (3) to R.32 of the Amended Rules, 2017, seigniorage is to be paid by any person removing ordinary earth from a Government property. But, here is a case where the petitioner has undertaken a contract for the removal of the earth for the construction of a Mini Civil Station at Pala. The terms and conditions of the contract and Ext.P2 schedule deals with earth work including excavation of earth by manual and mechanical means and disposal of excavated earth. Therefore, according to the petitioner, petitioner is carrying out the work in accordance with the terms of the contract, and therefore, petitioner is not quarrying the ordinary earth for his own purpose from the Government land and therefore, not liable to pay any seigniorage, as is contemplated under the above-specified Rules. I find force in the said contention. 10. Therefore, there will be a direction to the 5th respondent to take appropriate action in accordance with law, to issue transport permits and transport passes to transport the balance quantity of earth less the quantity required for filling up the site after construction, at the earliest and at any rate, within three weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly.