Josekutty vs State Of Kerala
2023 Latest Caselaw 9084 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                         WP(C) NO. 18416 OF 2023
PETITIONER

              JOSEKUTTY
              AGED 53 YEARS
              S/O JOSEPH, KOCHANGADIYIL VEEDU, KOORAD P.O,
              MALAPPURAM ., PIN - 679339
              BY ADVS.
              MANSOOR.B.H.
              SAKEENA BEEGUM


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
              GOVT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
     2        DEPUTY SECRETARY TO GOVT,
              DEPUTY SECRETARY TO GOVT, INDUSTRIES DEPARTMENT,GOVT
              SECRETARIATE, THIRUVANANTHAPURAM 695001, PIN - 695001
     3        DISTRICT GEOLOGIST
              MINING AND GEOLOGY DEPARTMRNT, CIVIL STATION,MALAPPURAM,
              PIN - 676505
     4        TAHSILDHAR
              NILAMBURTALUKOFFICE,NILAMBUR, PIN - 679330
     5        TALUK SURVEYOR
              NILAMBUR TALUK OFFICE,NILABUR 679330, PIN - 679330
     6        VILLAGE OFFICER
              WANDOOR VILLAGE OFFICE,WANDOOR,MALAPPURAM, PIN - 679328
     7        VILLAGE OFFICER
              PORUR VILLAGE ,VILLAGE OFFICE,PORUR,MALAPPURAM, PIN -
              679339
              SMT.AMMINIKUTTY-SR.GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.18416 OF 2023
                                 2




                           JUDGMENT

Dated this the 23rd day of August, 2023

The petitioner is before this Court aggrieved Ext.P1

demand notice to pay an amount of `3,16,20,472/- towards

royalty, price and fine, issued by the 3rd respondent, alleging

illegal mining and excavation outside the permitted area.

2. Aggrieved by Ext.P1 demand notice, the petitioner

approached the Government and the Government has issued

Ext.P3 order dated 19.01.2023. In Ext.P3 order, the

Government directed the 3rd respondent to ascertain the

ownership of properties where alleged quarrying operations

were conducted, to quantify the granite stones removed

unauthorisedly from the site and to take action against the

property owners to recover from the respective property

owners the loss sustained to the Government. The

Government further directed that subject to the afore WP(C) NO.18416 OF 2023

provisions, Stop Memo can be vacated.

3. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

Government Pleader submitted that pursuant to Ext.P3 order,

a joint survey / inspection has been conducted and now the

quantification of the value of the illegal mining and excavation

has to be made. It may take some time.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 3rd respondent-District

Geologist to conclude the proceedings as directed in Ext.P3,

within a period of six weeks.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.18416 OF 2023

APPENDIX OF WP(C) 18416/2023

PETITIONER EXHIBITS

Exhibit- P 1 TRUE COPY OF THE DEMAND NOTICE DATED 22/3/2022 BEARING DOM/M 1021/17 Exhibit - P 2 TRUE COPY OF THE JUDGMENT DATED 6/12/2022 IN W.P (C) NO;35023/2022 OF THIS HON'BLE COURT Exhibit -P 3 TRUE COPY OF THE ORDER DATED 19/1/2023 BEARING S.O (ORDINARY)NO:50/2023 /LD ISSUED BY THE SECOND RESPONDENT