IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29223 of 2007(D)
1. ANTHONY, AGED 65 YEARS,
... Petitioner
Vs
1. GEOLOGIST,
... Respondent
2. DEPUTY TAHASILDAR (RR)
3. VILLAGE OFFICER,
4. KOTHA,
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/10/2007
O R D E R
ANTONY DOMINIC, J
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W.P.(C). 29223/2007
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Dated this the 19th day of October, 2007
JUDGMENT
The prayer sought for in this writ petition is to
direct the first respondent to issue an assessment order,
if any, to the petitioner and quantify his liability for royalty
with notice to him. Petitioner also seeks to quash Exts.P2
and P3 proceedings for realisation of the royalty from him.
2. It is the contention of the petitioner that he
was never operating a quarry as now alleged by the
respondents. According to him, he was only a worker in a
quarry operated by the fourth respondent and her
deceased husband. It is also contended that despite this,
he is now proceeded against on the basis that he is liable
to pay the royalty that is payable.
3. Learned Government Pleader, on instructions,
submit that the quarry in question was in fact operated by
the petitioner and that is the information they could
gather on an inspection at the site. According to him, it is
on that basis proceedings were initiated against the
petitioner. Learned Government Pleader also submits that
W.P.(C).29223/2007
2
the petitioner has done the quarrying without obtaining
any licence in his name.
4. As a matter of fact, if the petitioner was
running quarry as is now found out by the respondents 1
to 3, he cannot be allowed to escape from the liability.
However petitioner can be made liable only in a
proceedings with notice to him. In any case, I am not
prepared to hold that the petitioner is not liable for any
amount. 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.
Writ petition is disposed of as above.
ANTONY DOMINIC
Judge
mrcs