Priyesh A vs Deputy Tahsildar,(Rr)
2022 Latest Caselaw 11809 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. 41759 OF 2022
PETITIONER:

          PRIYESH A.,
          AGED 32 YEARS
          S/O CHANDRAN, AYANATH HOUSE, KOYYAM P.O,
          CHENGALAI AMSOM, KANNUR DISTRICT PIN - 670142.
          BY ADVS.
          V.T.MADHAVANUNNI
          V.A.SATHEESH
          ANAND V.S
RESPONDENTS:

    1     DEPUTY TAHSILDAR,(RR),
          TALUK OFFICE, MINI CIVIL STATION,
          TALIPARAMBA P.O, KANNUR DISTRICT, PIN 670141.
    2     VILLAGE OFFICER,
          CHUZHALI VILLAGE OFFICE, CHUZHALI P.O,
          KANNUR DISTRICT, PIN 670142.
    3     VILLAGE OFFICER,
          CHENGALAI VILLAGE OFFICE,
          CHENGALAI P.O, KANNUR DISTRICT, PIN 670142.
    4     DISTRICT COLLECTOR,
          CIVIL STATION, KANNUR DISTRICT, PIN 670002.
    5     GEOLOGIST,
          MINING AND GEOLOGY DEPARTMENT,
          DISTRICT OFFICE, KANNUR DISTRICT, PIN 670002.

          SMT.VIDYA KURIAKOSE GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.41759 of 2022



                             2


                          JUDGMENT

Dated this the 21st day of December, 2022

The petitioner, is a resident of Chengalai Amsom in

Kannur District. In the year 2019, the petitioner was issued

with Ext.P1 order dated 30.10.2019 pointing out that the

petitioner is liable to pay an amount of ₹3,49,020/- towards

royalty, penalty and price as regards the alleged illegal lateral

stone mining conducted by the petitioner. The 5th respondent-

Geologist had made a requisition to the 4 th respondent-District

Collector for recovery of the amount and interest at the rate of

12% per annum from the petitioner. Now, the 1 st respondent-

Deputy Tahsildar has issued Exts.P2 and P3 Revenue

Recovery Notices to the petitioner.

2. The petitioner states that at this stage, the

petitioner is not disputing the amount demanded by the WP(C) No.41759 of 2022

Geologist from the petitioner. However, the petitioner is not in

a position to pay the amount of ₹4,52,521/- together. The

petitioner will be able to pay the amount in instalments.

3. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

Government Pleader denied all the allegations made by the

petitioner in the writ petition. The demand was made as early

on 30.10.2019. The petitioner has resorted to illegal mining of

laterite stone. Therefore, the petitioner is bound to pay the

amount to the Government, failing which, there will be loss to

the public exchequer.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

5. Taking into consideration the fact that the petitioner

is not disputing the amount demanded as per Ext.P1 order WP(C) No.41759 of 2022

and taking into consideration the averments made by the

petitioner in the writ petition, I am of the view that reasonable

time can be granted to the petitioner to pay the amount

demanded as per Exts.P1 to P3.

In the circumstances, the writ petition is disposed of

permitting the petitioner to pay the amount demanded as per

Ext.P3 in 12 consecutive Equal Monthly Instalments. The first

of such instalments shall be paid on or before 01.01.2023. It is

made clear that the petitioner will also be liable to pay other

charges, if any, under the Revenue Recovery Act. If the

petitioner makes two consecutive defaults in making payment

as directed above, the respondents will be at liberty to

proceed against the petitioner as per Exts.P2 and P3 notices.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.41759 of 2022

APPENDIX OF WP(C) 41759/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 30/10/2019 ISSUED BY RESPONDENT NO. 5. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 24/11/2022 ISSUED TO THE PETITIONER. Exhibit P3 TRUE COPY OF THE NOTICE BEFORE ATTACHMENT DATED 24/11/2022 ISSUED TO THE PETITIONER.