N.Gopinathan Nair vs The District Collector, ...
2023 Latest Caselaw 656 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                    WP(C) NO. 33678 OF 2022
PETITIONER:

         N.GOPINATHAN NAIR, AGED 65 YEARS
         S/O. LATE NARAYANA KURUP,
         PROPRIETOR NEW KAIRALI GRANITE, KARIALY BHAVANAM,
         PARAKODE P.O., ADOOR, PATHANAMTHITTA DISTRICT,
         KERALA-691 554

         BY ADVS.
         C.B.SREEKUMAR
         SAGITH KUMAR V.


RESPONDENTS:

    1    THE DISTRICT COLLECTOR, PATHANAMTHITTA
         DISTRICT COLLECTORATE, PATHANAMTHITTA-6899 645
    2    THE REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         ADOOR, PATHANAMTHITTA DISTRICT-689 645
    3    THE DISTRICT GEOLOGIST,
         MINING & GEOLOGY DEPARTMENT, ARANMULA,
         PATHANAMTHITTA DISTRICT-689 645

         BY ADVS.
         SMT.DEEPA NARAYANAN SR GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 12.01.2023,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.33678 of 2022

                               2




                           JUDGMENT

Dated this the 12th day of January, 2023

The Dealer's Licence issued to the petitioner for

conducting Crusher Unit business was suspended by the

3rd respondent-Geologist pursuant to Ext.P4. The reason for

suspension is that the petitioner has not paid requisite fee for

changing the nature of the land in Revenue records.

2. The petitioner states that there is a mistake in

calculation of the fee payable. The District Collector has

assessed the fee payable by the petitioner at a lesser rate.

3. Government Pleader entered appearance on behalf

of the respondents and submitted that on a subsequent

scrutiny, it was found that the District Collector's order is

erroneous. An audit inspection revealed that the fee

demanded by the Revenue Divisional Officer is the proper fee.

The petitioner will controvert the said stand of the Government WP(C) No.33678 of 2022

Pleader.

4. At any rate, a demand has been made by the

Revenue Divisional Officer. If the petitioner deposits the said

amount provisionally, then the petitioner's application for

restoration of dealer's licence is liable to be considered.

In the circumstances, the writ petition is disposed of

permitting the petitioner to remit the fee demanded by the

Revenue Divisional Officer. If the petitioner makes such

payment, the 3rd respondent-Geologist shall consider the

request of the petitioner for restoration of the dealer's licence,

within a period of two weeks from the payment. The petitioner

will be at liberty to take up his grievances regarding excess

fee paid by him if such grievance still survives, before the

appropriate authority.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.33678 of 2022

APPENDIX OF WP(C) 33678/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION WITH REFERENCE NUMBER 3/2020-21/DLR/1252/DOPTA/M/2020 DATED 18/05/2020.

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 20/05/2020.

Exhibit P3 TRUE COPY OF THE DEALER'S LICENSE DATED 22/05/2020.

Exhibit P4 TRUE COPY OF THE NOTICE BY 2ND RESPONDENT DATED 02/06/2020.

Exhibit P5 TRUE COPY OF THE RECEIPT OF FEES PAYMENT.

Exhibit P6 TRUE COPY OF THE RECEIPT OF APPLICATION DATED 30/06/2020.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 27/10/2020.

Exhibit P8 TRUE COPY OF THE REPRESENTATION TO THE AGRICULTURAL OFFICER, ADOOR DATED 11/11/2020.

Exhibit P9 TRUE COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED 11/11/2020. Exhibit P10 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 10/02/2021. Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P(C).NO.21915/2021 DATED 18/11/2021. Exhibit P12 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 26/3/2022.

Exhibit P13 TRUE COPY OF THE ORDER DATED 10-07-

2022 OF THE 1ST RESPONDENT.

RESPONDENT ANNEXURES ANNEXURE R2(A) TRUE COPY OF LETTER NO.B6-2866/2019 DATED 31.08.2022 OF REVENUE DIVISIONAL OFFICER,ADOOR TO DISTRICT COLLECTOR,PATHANAMTHITTA