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
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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)
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