Sajitha vs The District Geologist

Kerala High Court

Sajitha vs The District Geologist on 23 May, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                             WP(C) NO. 17151 OF 2024
PETITIONER:

     1        SAJITHA
              AGED 36 YEARS
              W/O. LATE SHIHAB, MUTTIKKAL VEEDU, PEGATT PARA,
              VELLARAKKAD, THRISSUR, PIN - 680584
              BY ADVS.
              K.B.GANGESH
              SMITHA CHATHANARAMBATH

RESPONDENTS:

     1        THE DISTRICT GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY,
              DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY,
              MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR, PIN - 680020
     2        TAHSILDAR,
              KUNNANKULAM TALUK OFFICE, KUNNAMKULAM,
              THRISSUR, PIN - 680503
     3        THE VILLAGE OFFICER
              VELLARAKKAD VILLAGE OFFICE VELLARAKKAD,
              THRISSUR, PIN - 680584
              BY ADV.SRI.AJITH VISWANATHAN, GP

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.17151 of 2024


                                    2




                        C.JAYACHANDRAN, J.
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                     W.P.(C.) No.17151 of 2024
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                Dated this the 23rd day of May, 2024

                              JUDGMENT

The limited relief sought for by the petitioner is to afford the petitioner a few instalments to pay the amount covered by Ext.P1 demand notice.

2. Learned Government Pleader, who appears for respondents 1 to 3, would submit that, going by Rule 115 of the Kerala Minor Minerals Concession Rules, a specific power has been bestowed upon the Government to consider the request for instalments, wherefore, the petitioner may be relegated to that statutory remedy.

3. Having regard to the limited relief sought for, this Court is of the opinion that petitioner need not be relegated to avail the statutory remedy. This Court is W.P.(C.) No.17151 of 2024 3 inclined to grant the limited relief sought for by invoking its power under Article 226 of the Constitution. Accordingly, this Court is inclined to grant six monthly instalments as enjoined by the Statue to the petitioner to pay the amount covered by Ext.P1 demand notice.

The Writ Petition is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE SKP/23-05 W.P.(C.) No.17151 of 2024 4 APPENDIX OF WP(C) 17151/2024 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEMAND NOTICE DATED 27.02.2024 ISSUED BY THE 1 ST RESPONDENT EXHIBIT P2 TRUE COPY OF REQUEST DATED 02.05.2024 PREFERRED BY THE PETITIONER TO THE 1 ST RESPONDENT RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE