Kerala High Court
M/S. Petra Crushers vs The Geologist on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 15539 OF 2024
PETITIONER:
M/S. PETRA CRUSHERS,
ELAMCADU P.O.,KOOTIKKAL, KANJIRAPALLY,
KOTTAYAM,REPRESENTED BY ITS MANAGING PARTNER
SRI. THOMAS P. MATHEW, PIN - 686 514.
BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
RESPONDENT:
THE GEOLOGIST,
DISTRICT OFFICE, DEPARTMENT OF MINING AND
GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695 004.
BY ADV
V VENUGOPAL, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.15539 of 2024
:2:
JUDGMENT
Dated this the 19th day of April, 2024 The writ petition is filed challenging Ext.P4 Demand Notice issued by the respondent.
2. The learned Counsel for the petitioner submits that Ext.P2 Show Cause Notice was issued to the petitioner, to which the petitioner filed Ext.P3 reply letter. It is further submitted that without considering Ext.P3 reply letter and without passing any assessment orders, the respondent has issued Ext.P4 Demand Notice.
3. Heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondent.
4. On perusal of Ext.P4, it is seen that it is only a Demand Notice and there is no mention about any order passed on Ext.P2 Show Cause Notice.
5. On Consideration of the facts of the case, I am of the opinion that the writ petition can be disposed of directing W.P.(C) No.15539 of 2024 :3: the respondent to reconsider the matter afresh.
Accordingly, the writ petition is disposed of. Ext.P4 Demand Notice is set aside. The respondent is directed to reconsider the matter afresh. For enabling reconsideration, the petitioner shall appear before the respondent on 14.05.2024 at 11 am. The respondent shall hear the petitioner and consider the matter afresh and pass appropriate orders within a period two months thereafter.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE AMR W.P.(C) No.15539 of 2024 :4: APPENDIX OF WP(C) 15539/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 20.03.2012 VALID TILL 19.03.2024. Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE NUMBERED AS DOKOT-DMG/79/2023-M AND DATED 02.11.2023 BEARING NO. ISSUED BY THE RESPONDENT.
Exhibit P3 TRUE COPY OF THE LETTER DATED 20.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE NUMBERED AS DOKOT-DMG/79/2023-M AND DATED 04.04.2024.