Kerala High Court
Alikutty vs The Geologist, Mining And Geology, ... on 4 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 5179 OF 2016
PETITIONER/S:
ALIKUTTY
AGED 50 YEARS
S/O KUNJAMMAD, POOVULLAPARAMBIL HOUSE, VELOM PO,
KUTTIADY KOZHIKODE DISTRICT, PIN-673 508
BY ADVS.
SRI.S.VINOD BHAT
SRI.LEGITH T.KOTTAKKAL
RESPONDENT/S:
1 THE GEOLOGIST, MINING AND GEOLOGY, KOZHIKODE
MINING AND GEOLOGY, DISTRICT OFFICE, KOZHIKODE-673 020
2 THE TAHSILDAR
TALUK OFFICE, VATAKARA -673 101
3 THE TAHSILDAR (AS AUTHORIZED OFFICER OF THE COLLECTOR)
REVENUE RECOVERY, VATAKARA-673 101
4 VILLAGE OFFICER
VELOM-673 508
BY ADV. VENUGOPAL V., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5179 OF 2016 2
JUDGMENT
Petitioner has approached this Court, being aggrieved by
the fact that revenue recovery proceedings were initiated
against him on the basis of the requisition issued by the 1 st
respondent on the premise that there was illegal extraction of
laterite stone from the property belonging to the petitioner,
comprised in Re.Survey Nos. 97/1, 2, 3 and 4 of Velom village,
Kozhikode district.
2. It is the specific case of the petitioner that, he has
no land in Re.Survey Nos. 97/1, 2, 3 and 4 of Velom village and
the property belonging to him is in Re.Survey Nos.95/3 and
102/1 of Velom village. It does not appear that this contention
of the petitioner had been addressed in any of the proceedings
issued against him. The counter affidavit filed by the 1 st
respondent also does not deal with this contention raised by
the petitioner.
3. In such circumstances, I am of the opinion that
Ext.P10 order issued by the 1st respondent shall be treated as a
show cause notice. The petitioner or his authorised
representative is permitted to file a reply to Ext.P10, within a
period of one month from the date of receipt of a certified copy
of this judgment. On receipt of the reply to be filed by the
petitioner, the 1st respondent shall proceed to adjudicate the
matter afresh, after affording an opportunity of hearing to the
petitioner. Till such time as fresh orders are issued by the 1st
respondent, the revenue recovery proceedings initiated
against the petitioner shall remain suspended.
Sd/-
GOPINATH P.
JUDGE
ajt
APPENDIX OF WP(C) 5179/2016
PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF THE SALE DEED NO 471/09 DT.
23/3/09
EXT.P2: TRUE COPY OF THE SALE DEED NO 191/04 DT.
6/2/04
EXT.P3: TRUE COPY OF THE DEMAND NOTICE NO. E 432/15-
16/GEOLOGIST DT. 16/1/15 ISSUED BY 3RD
RESPONDENT (UNDER SEC.7 OF R.R.ACT)
EXT.P4: TRUE COPY OF THE DEMAND NOTICE DT. 16/1/14
ISSUED BY 3RD RESPONDENT (UNDER SEC. 34 OF
R.R.ACT)
EXT.P5: TRUE COPY OF THE LETTER NO. 2304712(1) DT.
11/6/13 ISSUED BY THE 2ND RESPONDENT
EXT.P6: TRUE COPY OF THE NOTICE NO DOZ/M 1407/13 DT.
19/7/13 ISSUED BY 1ST RESPONDENT
EXT.P7: TRUE COPY OF THE NOTICE NO DOZ/M 1407/13 DT.
29/9/13 ISSUED BY 1ST RESPONDENT
EXT.P8: TRUE COPY OF THE NOTICE NO DOZ/M 1407/13 DT.
21/12/13 ISSUED BY 1ST RESPONDENT
EXT.P9: TRUE COPY OF THE NOTICE NO DOZ/M 1407/13 DT.
11/02/14 ISSUED BY 1ST RESPONDENT
EXT.P10: TRUE COPY OF THE ORDER NO 48/14-15/ DOZ/M
1407/13 DT. 23/9/14 OF THE 1ST
EXT.P11: TRUE COPY OF DISCHARGE SUMMARY DT. 29/10/14
ISSUED BY ASTER MEDCITY, ERNAKULAM
EXT.P12: TRUE COPY OF DISCHARGE SUMMARY ISSUED BY
ASTER MEDCITY, ERNAKULAM
EXT. P13 COPY OF POSSESSION CERTIFICATE NO.36638424
DATED 21.11.2018 ISSUED BY VILLAGE OFFICER,
VELOM
EXT. P14 COPY OF BASIC TAX RECEIPT NO.2026214 DATED
02-11-2018 ISSUED BY VILLAGE OFFICER, VELOM
