IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21540 of 2010(N)
1. SUJA MICHAEL, W/O.MICHAEL,
... Petitioner
Vs
1. THE GEOLOGIST, MINING AND GEOLOGY
... Respondent
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/07/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C) No.21540 OF 2010
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Dated this the 12th day of July, 2010
J U D G M E N T
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The petitioner is aggrieved by Ext.P2 order passed by the
Geologist demanding royalty and fine to the tune of
Rs.2,19,800/-.
2. The petitioner is in possession and enjoyment of 0.71
Ares of property comprised in Re-Survey No.38/1 of West
Kallada Village obtained by virtue of a partnership deed.
3. The petitioner received a notice on 1.4.2009 alleging
that the petitioner has excavated sand from a property in
Survey No.38/1 of West Kallada Village. According to the
petitioner, Ext.P2 order has been passed, without considering
his objections. It is pointed out that he is not the owner and is
not in possession of the said property.
4. The learned Government Pleader submitted that the
petitioner has got a remedy to prefer an appeal against Ext.P2.
W.P.(C) No.21540/2010 2
If the petitioner files an appeal, within a period of three weeks,
along with a petition for stay, the same will be entertained and a
decision will be taken on merit, after hearing the petitioner. For
enabling the petitioner to file an appeal and seek appropriate
interim orders, the recovery proceedings, if any, initiated, will be
kept in abeyance for a period of three weeks.
The Writ Petition is disposed of as above.
(T.R.RAMACHANDRAN NAIR, JUDGE)
ps