IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29975 of 2008(R)
1. ANTHONY, AGED 65 YEARS, S/O.DEVASSY,
... Petitioner
Vs
1. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT
... Respondent
2. DEPUTY TAHSILDAR (RR),MUKUNDAPURAM TALUK
3. VILLAGE OFFICER, KODASSERY VILLAGE,
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :04/12/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 29975 OF 2008 R
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Dated this the 4th December, 2008
JUDGMENT
Prayer in the Writ Petition is as follows:
“Issue a writ in the nature of mandamus
commanding respondents 1 to 3 to consider and pass
orders on Ext.P6 within such time as may be fixed by
this Honourable Court and until then stay all further
proceedings pursuant to Exts.P2 and P3.”
2. Petitioner had approached this Court earlier and
obtained Ext.P5 Judgment. Therein, this Court held as follows:
“If, according to the petitioner, there has not
been any quantification as now contended by him, it
is open to the petitioner to approach the respondents
1 to 3 with a representation in that behalf, in which
event, they shall consider the same and pass
appropriate orders.”
3. According to petitioner, petitioner filed Ext.P6
representation. The first respondent filed a Statement and
produced Exts.R1(a) to R1(d). Under Ext.R1(c), according to
WPC.29975/08 R 2
the learned Government Pleader, there has been a quantification
of the liability. It is this amount which is demanded under
Exts.P2 and P3. In fact, there is no challenge to Exts.P2 and P3
as such in this Writ Petition. There is no challenge to Ext.R1(c)
either. There is no reference to Ext.R1(c) in this Writ Petition.
The Writ Petition is clearly liable to be dismissed with costs of
Rs.2,000/=. Then the learned counsel for petitioner prayed for
some time to pay off the amount. He pleaded that the petitioner
is only a labourer. While dismissing the Writ Petition with costs
of Rs.2,000/= (Rupees Two Thousand), it is only ordered that
the proceedings against the petitioner will be kept in abeyance
for a period of six weeks from today to enable the petitioner to
pay off the entire amount due. Needless to say, any further
illegal quarrying which may be indulged by the petitioner, can
be made the subject matter of appropriate proceedings in
accordance with law. Sd/=
kbk. K. M. JOSEPH, JUDGE
// True Copy //
PS to Judge