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Kerala High Court
Joemon Joseph vs Government Of Kerala Represented … on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29427 of 2010(C)


1. JOEMON JOSEPH, PROPRIETOR, VIJAYA STONE
                      ...  Petitioner

                        Vs



1. GOVERNMENT OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR, DIRECTORATE OF MINING

3. THE GEOLOGIST, DISTRICT OFFICE OF THE

                For Petitioner  :SRI.K.GOPALAKRISHNA KURUP (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/12/2010

 O R D E R
                         ANTONY DOMINIC, J.

               ```````````````````````````````````````````````````````
                   W.P.(C) No. 29427 of 2010 C
               ```````````````````````````````````````````````````````
          Dated this the 20th day of December, 2010

                              J U D G M E N T

The writ petition was filed mainly for a direction to the

respondents to grant registration to the metal crusher unit of the

petitioner and to permit him to pay consolidated royalty and to

issue transportation permits.

2. Pending the writ petition, on the allegation that the

lease in respect of the land was granted for rubber cultivation and

that the land was used for quarrying in violation of the lease

conditions, the lease was cancelled. Subsequently, Government

have taken a policy decision as reflected in G.O.(MS)

No.239/2010/ID dated 01-12-2010. In the light of the said

Government Order, both sides agree that the writ petition can be

closed.

3. Therefore, this writ petition is closed, clarifying that

once the decisions in the Government Order referred to above are

taken, it will be open to the petitioner to pursue their application for

registration, payment of consolidated royalty and for transportation

W.P.(C) No.29427/10
: 2 :

permits.

4. In so far as Ext.P8 notice is concerned, that was

issued by the Geologist demanding remittance of `62,96,000/-

from the petitioner, allegedly towards the royalty for the granites

mined from the land in question. It being a demand notice and as

the petitioner himself is given an opportunity of hearing on the

demand, it is clarified that Ext.P8 will be treated as a show cause

notice and that it will be open to the petitioner to file his objections

to Ext.P8 within two weeks from today, in which event, a final

decision in the matter will be taken, after affording him an

opportunity of hearing.

5. With the above clarification and without expressing

anything on the merits of the contentions raised, this writ petition is

closed.

6. It is also clarified that in case the ultimate decisions

taken on the issues raised, are adverse to the petitioner, it will be

open to the petitioner to seek his remedies.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks


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