IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 16569 of 2006(V)
1. P.K.CHERIAN, AGED 75 YRS, S/O. KURIEN,
... Petitioner
2. K.K.KURIEN @ K.K.MATHEW, AGED 73 YRS,
3. K.K.IDICULLA, AGED 60 YRS,
Vs
1. GEOLOGIST,
... Respondent
For Petitioner :SRI.P.HARIDAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/11/2007
O R D E R
ANTONY DOMINIC, J
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W.P.(C).16569/2006
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Dated this the 19th day of November, 2007
JUDGMENT
The challenge in this writ petition is against Exts.P2
to P4. By these notices, petitioners were directed to pay
the royalty and fine based on the finding that they had
committed illegal sand mining.
2. A statement has been filed by the respondent in
which it is stated that Ext.P1 notice was issued by the
respondent following the detection of illegal sand mining
and pursuant to the notices, petitioners appeared in the
office of the respondent and admitted in writing the
offence of unouthorised sand mining from their respective
properties. It is also stated that the petitioners expressed
their willingness to compound the offence in terms of the
provisions contained in the Kerla Mines and Mineral
Concession Rules, 1967, and that instead of remitting fine
they continued with the illegal sand mining. Respondent
stated that it is on account of this, that they issued
Exts.P2 to P4.
W.P.(C).16569/2006
2
3. In view of the admission of guilt by the petitioners,
as stated in the statement filed on behalf of the
respondent, to which no reply has been filed, I do not
find any illegality in issuing Exts.P2 to P4 notices. Writ
petition fails and the same is dismissed.
ANTONY DOMINIC
Judge
mrcs