M/S Deepam Granites vs The Tahsildar (Lr), Alathur
2022 Latest Caselaw 11796 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
                  WP(C) NO. 40089 OF 2022
PETITIONER:
         M/S DEEPAM GRANITES
         MURINGAMALA,
         VEMBALLOOR (PO),
         PALAKKAD, PIN: 678502
         REPRESENTED BY ITS MANAGING PARTNER
         MR. T. SANTHOSH,
         AGED 40 YEARS, S/O M THEVARKUTTY
         BY ADVS.
         LIZA MEGHAN CYRIAC
         JOLLY JOHN
         IRENE BABU


RESPONDENTS:
    1    THE TAHSILDAR (LR), ALATHUR
         LAND RECORDS, TALUK OFFICE, ALATHUR
         PALAKKAD DISTRICT, ALATHUR P.O - 678541.
    2    THE ADDITIONAL TAHSILDAR,
         ALATHUR TALUK OFFICE,ALATHUR P.O,
         PALAKKAD DISTRICT, PIN - 678541.
    3    THE GEOLOGIST,
         MINING AND GEOLOGY DISTRICT OFFICE,
         TOWN BUS STAND COMPLEX,PALAKKAD.P.O
         PALAKKAD, PIN - 678014.
    4    REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE,
         PALAKKAD: 678 014.
    5    THE VILLAGE OFFICER
         THENKURISSI -II VILLAGE,THENKURISSI P.O,
         ALATHUR
         PALAKKAD DISTRICT, PIN - 678451.

          BY SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 21.12.2022, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.40089 of 2022
                                 :2:




                           JUDGMENT

Dated this the 21st day of December, 2022

The petitioner is a Firm running business in

quarrying. The petitioner purchased a property and has

been conducting quarrying operation.

2. The petitioner now is aggrieved by Ext.P12

proceedings of the Revenue Divsional Officer. By Ext.P12

proceedings in appeal, the Revenue Divisional Officer has

found that the petitioner is liable to pay an amount of

`36,72,045/- towards royalty, penalty and cost of minerals

illegally excavated by the petitioner.

3. In this writ petition the petitioner challenge Ext.P12

order on various legal grounds. However, at the time of final

hearing, the counsel for the petitioner submitted that the

petitioner will be satisfied if he is granted time to repay the W.P.(C) No.40089 of 2022

amount demanded as per Ext.P12 proceedings in

installments.

4. Taking into consideration the fact that the amount

demanded is `36,72,045/- and taking into consideration the

submissions made on behalf of the petitioner, I am inclined

to grant reasonable time to the petitioner to repay the entire

amount claimed as per Ext.P12.

The writ petition is therefore disposed of permitting

the petitioner to remit the amount demanded as per Ext.P12

in ten equal consecutive monthly installments, the payment

of 1st installment should be made on or before 15.01.2023. If

the petitioner commits two consecutive defaults in making

payment as permitted above, the respondents will be free to

proceed against the petitioner in accordance with law.

Sd/-

N. NAGARESH JUDGE sss W.P.(C) No.40089 of 2022

APPENDIX OF WP(C) 40089/2022

PETITIONER'S EXHIBITS

EXHIBIT1 TRUE COPY OF THE STOP MEMO ISSUED BY THE 5TH RESPONDENT DATED 07/02/2015, ORIGINALLY DATED 31/12/2014.

EXHIBIT2 TRUE COPY OF THE ORDER NO. KLC-

24/2016-17 DATED 01/03/2017 ISSUED BY THE 2ND RESPONDENT DIRECTING THE PETITIONER TO PAY A TOTAL AMOUNT OF RS 22,01,432.5/- FOR UNAUTHORIZED QUARRYING IN GOVERNMENT PORAMBOKE LAND COMPRISED IN THENKURISSI -II VILLAGE BLOCK 19 RE-SURVEY 458/4 IN AN AREA OF 0.0759 HECTARE.

EXHIBIT3 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT NO A-1692/17 DATED 20/09/2017.

EXHIBIT4 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 04/07/2018 NO.KLC- 24/2016-17.

EXHIBIT5 TRUE COPY OF THE DEMAND NOTICE DATED 04/07/2018 IN FORM C NO. KLC-24/2016- 17 BY THE 1ST RESPONDENT FOR AN AMOUNT OF RS. 36,72,045/-.

EXHIBIT6 TRUE COPY OF THE JUDGMENT DATED 13/09/2018 IN WPC 29973/2018 PASSED BY HON'BLE HIGH COURT OF KERALA.

EXHIBIT7 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 17/01/2019 NO.KLC- 24/2016-17.

EXHIBIT8 TRUE COPY OF THE DEMAND NOTICE IN FORM NO.C DATED 17/01/2019 NO. KLC-24/2016- 17 BY THE 1ST RESPONDENT FOR AN AMOUNT OF RS. 36,72,045/-.

EXHIBIT9 TRUE COPY OF THE APPELLATE ORDER DATED 08/11/2019 NO A-3394/18 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT10 TRUE COPY OF THE JUDGMENT DATED 29/11/2021 IN WPC 26927/2021 PASSED BY HON'BLE HIGH COURT OF KERALA.

W.P.(C) No.40089 of 2022

EXHIBIT11 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 30/08/1977 NO.8069/P175/RD THROUGH SRO NO.868/77.

EXHIBIT12 TRUE COPY OF THE ORDER DATED 06/08/2022 IN FILE NO 3394/2018 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT13 TRUE COPY OF THE REPLY OF THE 4TH RESPONDENT DATED 18/10/2022 DENYING THE PETITIONER THE OPTION OF PAYING THE PENALTY AMOUNT AS INSTALLMENTS.