M/S. Petra Crushers vs The Geologist
2024 Latest Caselaw 11373 Ker

Kerala High Court

M/S. Petra Crushers vs The Geologist on 19 April, 2024

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
    THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                     WP(C) NO. 15539 OF 2024
PETITIONER:

            M/S. PETRA CRUSHERS,
            ELAMCADU P.O.,KOOTIKKAL, KANJIRAPALLY,
            KOTTAYAM,REPRESENTED BY ITS MANAGING PARTNER
            SRI. THOMAS P. MATHEW, PIN - 686 514.

            BY ADVS.
                 ENOCH DAVID SIMON JOEL
                 S.SREEDEV
                 RONY JOSE
                 LEO LUKOSE
                 KAROL MATHEWS SEBASTIAN ALENCHERRY
                 DERICK MATHAI SAJI
                 KARAN SCARIA ABRAHAM

RESPONDENT:

            THE GEOLOGIST,
            DISTRICT OFFICE, DEPARTMENT OF MINING AND
            GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O.,
            THIRUVANANTHAPURAM, PIN - 695 004.

            BY ADV
                 V VENUGOPAL, GP.


     THIS     WRIT   PETITION   (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   19.04.2024,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15539 of 2024
                                 :2:



                           JUDGMENT

Dated this the 19th day of April, 2024

The writ petition is filed challenging Ext.P4

Demand Notice issued by the respondent.

2. The learned Counsel for the petitioner submits

that Ext.P2 Show Cause Notice was issued to the petitioner,

to which the petitioner filed Ext.P3 reply letter. It is further

submitted that without considering Ext.P3 reply letter and

without passing any assessment orders, the respondent has

issued Ext.P4 Demand Notice.

3. Heard the learned Counsel for the petitioner and

the learned Government Pleader representing the

respondent.

4. On perusal of Ext.P4, it is seen that it is only a

Demand Notice and there is no mention about any order

passed on Ext.P2 Show Cause Notice.

5. On Consideration of the facts of the case, I am of

the opinion that the writ petition can be disposed of directing

the respondent to reconsider the matter afresh.

Accordingly, the writ petition is disposed of. Ext.P4

Demand Notice is set aside. The respondent is directed to

reconsider the matter afresh. For enabling reconsideration,

the petitioner shall appear before the respondent on

14.05.2024 at 11 am. The respondent shall hear the

petitioner and consider the matter afresh and pass

appropriate orders within a period two months thereafter.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE AMR

APPENDIX OF WP(C) 15539/2024

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 20.03.2012 VALID TILL 19.03.2024.

Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE NUMBERED AS DOKOT-DMG/79/2023-M AND DATED 02.11.2023 BEARING NO. ISSUED BY THE RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 20.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P4 TRUE COPY OF THE DEMAND NOTICE NUMBERED AS DOKOT-DMG/79/2023-M AND DATED 04.04.2024.