Nisam vs District Geologist Wayanad
2021 Latest Caselaw 3092 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                     WP(C).No.2195 OF 2021(Y)


PETITIONERS:

               NISAM
               AGED 33 YEARS
               S/O. HAMZA K.T., KANNANTHODI, MUNDERI P.O.,
               WAYANAD-673121.

               BY ADVS.
               SRI.P.MOHAMED SABAH
               SMT.SAIPOOJA

RESPONDENTS:

      1        DISTRICT GEOLOGIST WAYANAD,
               DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
               MEENANAGADI, WAYANAD-673591.

      2        VILLAGE OFFICER,
               VENGAPPILLY VILLAGE OFFICE, VYTHIRI TALUK,
               WAYANAD-673121.


               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.2195 of 2021                2



                               JUDGMENT

The petitioner, who is faced with Ext.P3 demand notice for royalty

and fine under the Kerala Minor Mineral Concession Rules, 2015, seeks

only the grant of instalments to discharge the liability.

2.I have heard the learned counsel appearing for the petitioner

and also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case and

the submissions made across the bar and also taking into account the

plea of financial hardship raised by the petitioner, I dispose the writ

petition with the following directions:

(i) if the petitioner discharges the said liabilities in Ext.P3 demand notice together with accrued interest till the date of payment in six equal and successive monthly installments commencing from 08.02.2021, then further proceedings for recovery shall be kept in abeyance.

(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent will be free to continue the recovery proceedings against him from the stage at which

they presently stand.

(iii) It is further made clear that inasmuch as it is in exceptional cases that this Court would grant the reliefs aforementioned, no further petition for modification/extension of time will be entertained.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/28.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE LAND TAX RECEIPT DATED
                         19/08/2020      AND      BEARING     NO.
                         KL12031803322/2020      ISSUED      FROM
                         VENGAPPALLY   VILLAGE  OFFICE    TO  THE
                         PETITIONER.

EXHIBIT P2               TRUE   COPY  OF   THE STOP   MEMO  DATED

15/02/2020 ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 04/12/2020 ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER..

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE