IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23427 of 2008(L)
1. K.G.MURALI, KOVATH VEEDU, CHERUVAL,
... Petitioner
2. P.K.ARAVINDAKSHAN, PULIKKAN VEEDU,
3. K.A.ANIL KUMAR, KOVATH VEEDU,
4. V.D.SANTHOSH KUMAR,
Vs
1. THE GEOLOGIST, THRISSUR.
... Respondent
For Petitioner :SRI.V.V.NANDAGOPAL NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/08/2008
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 23427 of 2008
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Dated this, the 5th August, 2008.
J U D G M E N T
The petitioners were served with Exts. P1 to P4 show cause
notices directing them to show cause why large amounts mentioned
therein should not be recovered from them as penalty and royalty for
unauthorisedly mining clay from the properties in their possession.
According to the petitioners, the mining alleged is from the
properties of the petitioners themselves for which no royalty is liable
to be paid. Taking this contention, the petitioners have filed Exts. P5
to P9 objections. The petitioners therefore seek a direction to the
respondent to consider their objections and to take a just and
reasonable decision in the matter.
2. I have heard the learned Government Pleader also.
In the facts and circumstances of the case, this writ petition is
disposed of with a direction to the respondent to pass final orders
pursuant to Exts. P1 to P4 after considering the objections of the
petitioners, namely, Exts.P 5 to P9, as expeditiously as possible.
While passing orders, the respondent shall particularly address
himself to the question as to whether in respect of mining from the
petitioners’ own properties, any royalty is payable. Needless to say
before passing final orders, no amount shall be recovered from the
petitioners.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.