Kunju Mohammed vs Director

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                         WP(C).No.70 OF 2021(G)


PETITIONER/S:

                KUNJU MOHAMMED, AGED 56 YEARS, S/O.AVARAN,
                KOPPARAMBIL HOUSE, VENGOLA P O,
                PERUMANI, ERNAKULAM DISTRICT,
                PIN-683556.

                BY ADV. SRI.MANOJ P.KUNJACHAN


RESPONDENT/S:

      1         DIRECTOR, DEPARTMENT OF MINING AND GEOLOGY,
                KESAVADASAPURAM, PATTOM, PALACE P O,
                THIRUVANANTHPAURAM, PIN-695004.

      2         GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY,
                COLLECTORATE, KAKKANADU,
                ERNAKULAM DISTRICT, PIN-682030.



                BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.70/2021                      2




                                JUDGMENT

Dated this the 5th day of January 2021 The petitioner approached this Court challenging Ext.P1 demand notice issued by the Geologist.

2. As per the above demand notice, the petitioner was directed to pay Rs.2,95,000/- for the illegally extracting ordinary earth having the quantity of 4500 metric ton from the land referred in the impugned demand notice.

3. As seen from the impugned demand notice, though notice was issued to the petitioner to show cause, he failed to respond to such notice. The petitioner's case is that the demand notice was issued without giving sufficient opportunity to him.

Having considered the facts and circumstances, an opportunity should be given to the petitioner. The petitioner shall appear before the Geologist on 18.01.2021 at 11 a.m. Ext.P1 will be treated as a provisional demand notice. Thereafter, after hearing the petitioner's objection, a final decision shall be taken by the Geologist. In view of the fact that Ext.P1 is treated as a provisional WP(C).No.70/2021 3 demand notice, no coercive steps shall be taken against the petitioner unless a final order is issued in this matter.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.70/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE BY 2ND RESPONDENT DATED 07/12/2020.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 25/09/2020 IN WPC NO.19699 OF 2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY// P.A.TO JUDGE