Sunilkumar N vs State Of Kerala
2023 Latest Caselaw 6321 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                    WP(C) NO. 16294 OF 2023
PETITIONER:

         SUNILKUMAR N
         AGED 52 YEARS
         S/O NATESAN, RESIDING AT GALAXY HOME,
         GOVINDAMUTTOM P.O., KAYAMKULAM,
         KARTHIKAPPALLY TALUK, ALAPPUZHA, PIN - 690527

         BY ADVS.
         C.S.MANILAL
         C.D.ANIL


RESPONDENTS:

    1    STATE OF KERALA
         REP. BY THE SECRETARY TO GOVERNMENT OF KERALA,
         DEPARTMENT OF INDUSTRIES, GOVT. SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    2    2. THE DIRECTOR, DIRECTORATE OF MINING AND
         GEOLOGY
         KESAVADASAPURAM, PATTOM PALACE P.O.,
         THIRUVANANTHAPURAM, PIN - 695001
    3    3. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY
         DISTRICT OFFICE, PATHANAMTHITTA,
         NEAR KENDRIYA VIDYALAYA, KIP BUILDING,
         ADOOR.P.O., PIN - 689534


         SMT.AMMINIKUTTY- SR.G.P


     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 12.06.2023,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.16294 of 2023

                               2


                            JUDGMENT

Dated this the 12th day of June, 2023

The petitioner states that he is running a Quarry at

Aruvapulam Village in Alappuzha District. He is having all the

requisite permissions and sanctions to run the Quarry from

the concerned authorities.

2. On 14.02.2023, the petitioner was issued with a

Demand Notice from the 3rd respondent-Geologist directing

that the petitioner shall remit an amount of ₹1,99,56,686/- as

royalty and fine for the alleged unauthorised quarrying done

by the petitioner beyond the lease area.

3. The petitioner states that he approached the

respondents for payment of the demanded amount in monthly

installments. But, the application has not been considered by

the respondents. The petitioner submits that in similar

circumstances, this Court as per Ext.P7 and other judgments

has granted installment facilities for persons like the petitioner WP(C) No.16294 of 2023

for remitting royalty. The petitioner may be extended with the

same benefit.

4. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

Government Pleader submitted that the Government of Kerala

has brought the Kerala Minor Mineral Concession

(Amendment) Rules, 2023, which have come into force from

01.04.2023. As per the amended Rule 115, the Government

may allow collection of any rent, royalty, tax, fee, price of

mineral or other sum due to the Government under these

rules in monthly installments not exceeding maximum six

installments. When the statute confers power on the

Government to grant installments, it would not be proper for

this Court to exercise the said power, invoking Article 226 of

the Constitution of India before the petitioner invoking the

statutory remedy.

In the circumstances, the writ petition is disposed of

permitting the petitioner to approach the Government for WP(C) No.16294 of 2023

installment facility invoking Rule 115. The petitioner shall file

application for installment, within a period of two weeks.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.16294 of 2023

APPENDIX OF WP(C) 16294/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE PANCHAYATH, DATED 27.4.2020 Exhibit P2 TRUE COPY OF THE LICENSE DATED 28.2.2020 Exhibit P3 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE PCB ON 5.10.2018 Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 14.2.2023, ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE REQUEST OF THE PETITIONER, DATED 17.2.2023 Exhibit P6 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 10.4.2023 Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP© 25899/2022, DATED 25.8.2022