Augustine Joseph vs Poonjar Thekkekkara Grama ...
2022 Latest Caselaw 11688 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
       Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944
                             WA NO. 1515 OF 2022

    AGAINST JUDGMENT DATED 20.09.2022 IN WP(C) 21359/2022 OF THIS COURT

                                      ---

APPELLANT/WRIT PETITIONER IN THE WPC:

     AUGUSTINE JOSEPH, AGED 70 YEARS , S/O JOSEPH, KANDATHIL, PATHAMPUZHA
     P.O., POONJAR THEKKEKKARA, KOTTAYAM-686 582.

BY SENIOR ADVOCATE SRI.S.SREEKUMAR

AND ADV.SMT. CHITHRA CHANDRASEKHARAN

RESPONDENTS/RESPONDENTS IN THE WPC:

  1. POONJAR THEKKEKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
     OFFICE OF THE POONJAR THEKKEKKARA GRAMA PANCHAYAT, POONJAR TOWN
     ROAD, KOTTAYAM-686 582.

     AND 2 OTHERS.

BY SENIOR GOVERNMENT PLEADER SRI.V.TEKCHAND

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the Judgment of the learned Single Judge dated
20-09-2022 in W.P.(C) No.21359/2022 and all further proceedings of the
Respondents in the subject matter pending disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders on 20/12/2022 upon
perusing the appeal memorandum and this court's order dated 02/11/2022,
the court passed the following:

                                                                    P.T.O.
          S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
         =====================================
                      W. A. No. 1515 of 2022
         =====================================
             Dated this the 20th day of December, 2022

                              ORDER

S. Manikumar, C. J.

Mr. S. Sreekumar, learned Senior Counsel appearing for the

appellant, sought permission to file an affidavit, stating that whatever

granite excavated would be surrendered to the Government, and any

amount to be paid towards royalty, fine etc., would be paid for the

excess quarried, as assessed by the competent authorities.

2. However, by inviting the attention of this Court to Rule 108

(2) of the Kerala Minor Mineral Concession Rules, 2015, Mr. V.

Tekchand, learned Senior Government Pleader, submitted that

whenever any person raises without any lawful authority any mineral

from any land, the Government or the competent authority may

recover from such person or the occupier of the land the mineral so

raised, or where such mineral has already been disposed of, the price

thereof, and may also recover from such person rent, royalty or tax, as

the case may be, for the mineral extracted by such person or occupier

of the land without any lawful authority.

W. A. No. 1515 of 2022

3. Learned Senior Government Pleader further submitted that

whenever a person who opted for Consolidated Royalty Payment

System extracts minor minerals from the area under mineral

concession after the date of expiry of permit or extracts minor minerals

from outside the area under mineral concession without any lawful

authority, he shall be liable to pay the royalty at the rate prescribed in

Schedule I and price of the entire quantity of the minor mineral

illegally extracted from the area. In the case of Government lands, any

rent, tax, or fee or compensation for the mineral extracted, as the case

may be, as fixed by the department concerned shall be recovered from

such person.

Let affidavit, as stated supra, be filed on 22.12.2022.

Post on 23.12.2022.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE Eb

20-12-2022 /True Copy/ Assistant Registrar