Binu S vs The Geologist
2022 Latest Caselaw 10911 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                     WP(C) NO. 35213 OF 2022
PETITIONER:

            BINU S.,
            BINEESH BHAVAN, KARIPARA,
            NEDUMANKAV P. O, KOLLAM-691 509

            BY ADVS.
            PHILIP J.VETTICKATTU
            SAJITHA GEORGE


RESPONDENTS:

    1       THE GEOLOGIST,
            MINING & GEOLOGY DEPARTMENT,
            DISTRICT OFFICE, KOLLAM-691 002.
    2       THE DIRECTOR, MINING & GEOLOGY DIRECTORATE,
            KESAVADASAPURAM, PATTOM PALACE P.O.,
            TRIVANDRUM - 695 004.

            SMT.VIDYA KURIAKOSE GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   03.11.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.35213 OF 2022

                              2


                           JUDGMENT

Dated this the 3rd day of November, 2022

The writ petition is filed seeking directions to the

respondents to permit the petitioner to make the payments

due from him, in monthly instalments. The petitioner has

approached the District Geologist with requests seeking such

instalments.

2. Having heard the Government Pleader also and in

view of the fact that the petitioner expresses his willingness to

make all due payments with applicable interest within the time

to be granted, I am of the opinion that time can be granted by

the respondents.

3. There will, accordingly, be a direction to the

respondents to permit the petitioner to remit the entire

amounts with interest due in eight equal monthly instalments.

The first of such instalments shall be paid on 01.12.2022 and

the remaining instalments shall be due on the corresponding WP(C) NO.35213 OF 2022

dates of the following months. In case the amounts are paid

without any default, coercive proceedings shall be kept in

abeyance. However, it is made clear that in case of one

default, the respondents will be free to proceed with the

coercive proceedings from the stage at which they stand.

The writ petition is disposed of as above.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.35213 OF 2022

APPENDIX OF WP(C) 35213/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER CUM DEMAND NOTICE DATED 10/8/2022 ISSUED BY THE RESPONDENT.

Exhibit P2 TRUE COPY OF THE ACKNOWLEDGEMENT OF THE REQUEST LETTER DATED 22/09/2022 SUBMITTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF JUDGEMENT IN WPO NO.30650/2022 DATED 27/9/2022.

RESPONDENT'S/S EXHIBITS: NIL