Vidhyadharan R.R vs State Of Kerala
2022 Latest Caselaw 12449 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                      WP(C) NO. 42300 OF 2022
PETITIONER

             VIDHYADHARAN R.R.
             AGED 52 YEARS
             S/O RAJAN, RESIDING AT PULIKKAL HOUSE, PUTHENCHIRA
             SOUTH P.O, THRISSUR DISTRICT - 680682

             BY ADV G.SREEKUMAR (CHELUR)

RESPONDENTS

    1        STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
             DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM DISTRICT - 695001

    2        THE DEPUTY SECRETARY
             INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM DISTRICT - 695001

    3        THE DISTRICT GEOLOGIST
             OFFICE OF THE DISTRICT GEOLOGIST, MINING AND
             GEOLOGY,CHEMBUKAVU P.O, THRISSUR DISTRICT - 680020

             BY SMT.DEEPA NARAYANAN SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.42300 of 2022
                                 2



                         JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner is aggrieved by Ext.P4 notice dated

23.11.2022 whereunder the petitioner has been required to

remit an amount of ₹3,59,886.60/- towards royalty, cost and

compounding fees in respect of the alleged excavation of

laterite stone made by the petitioner.

2. The petitioner states that aggrieved by Ext.P4, the

petitioner has preferred Ext.P5 appeal before the Deputy

Secretary to the Government. A stay petition is also filed.

Unless Ext.P5 appeal and stay petition are considered by the

competent authority, the petitioner will be put to difficulties.

3. I have heard the learned counsel for the petitioner

and the learned Senior Government Pleader representing the

respondents.

4. Ext.P4 appears to be an order passed under the

Kerala Minor Mineral Concession Rules, 2015. The petitioner

has preferred Ext.P5 appeal under Rule 98 of the Kerala

Minor Mineral Concession Rules, 2015. Ext.P5 being a WP(C) No.42300 of 2022

statutory appeal, the competent appellate authority has to

consider the same and pass appropriate orders thereon,

within a reasonable time.

In the facts of the case, the writ petition is disposed of

directing the 2nd respondent to consider Ext.P5 appeal and

stay petition filed by the petitioner as expeditiously as

possible. Till a decision is taken by the 2 nd respondent on

Ext.P5 appeal or stay petition, coercive proceedings pursuant

to Ext.P4 shall stand deferred.

Sd/-

N. NAGARESH, JUDGE

smm WP(C) No.42300 of 2022

APPENDIX OF WP(C) 42300/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMUNICATION BY THE TAHSILDAR, MUKUNDAPURAM TALUK OFFICE TO THE DISTRICT GEOLOGIST , THRISSUR DATED 31.10.2022.

Exhibit P2 A TRUE COPY OF THE REMITTANCE SLIP ISSUED BY THE KODUNGALLUR SUB-TREASURY DATED 24.09.2022 TO THE PETITIONER. Exhibit P3 A TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER DATED 11.11.2022.

Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 23.11.2022 Exhibit P5 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH STAY PETITION PETITION DATED 10.12.2022