Merly Samson vs The Geologist
2024 Latest Caselaw 5554 Ker

Citation : 2024 Latest Caselaw 5554 Ker
Judgement Date : 16 February, 2024

Kerala High Court

Merly Samson vs The Geologist on 16 February, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                      WP(C) NO. 4900 OF 2024
PETITIONER:
           MERLY SAMSON
           AGED 54 YEARS
           W/O M.J. JACOB, MOONUKANDATHIL HOUSE, ANIKKADU P.O.
           ANIKKADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM, PIN -
           686503
           BY ADVS.
           K.R.SUNIL
           R.S.ANANDAN
           K.S.GRACY SUNDAR

RESPONDENTS:
    1    THE GEOLOGIST
         GEOLOGY DEPARTMENT, DISTRICT OFFICE, KOTTAYAM,PIN -686001
    2    THE ELIKULAM GRAM PANCHAYATH
         ELIKULAM, LLANGULAM, KOORALI P.O. KOTTAYAM DISTRICT REP.
         BY ITS SECRETARY, ELIKULAM GRAM PANCHAYAT, PIN - 686577
    3    PAUL TOM
         AGED 42 YEARS
         S/O THOMAS CHACKO, AYYANAMPARAMBIL, ELIKKULAM KARA,
         LLANGULAM VILLAGE, MADUKAKKUNNU P.O., PIN - 686577
    4    LISAMMA SKARIA
         AGED 61 YEARS
         D/O SKARIA, VELLIKULAM KARA, THEEKOYI VILLAGE, MENNACHIL
         TALUK, PIN - 686580
    5    THOMAS MATHEW
         AGED 58 YEARS
         S/O MATHEW,MADAYKKAL, THAMBALAKKAD KARA, KANJIRAPPALLY
         VILLAGE, KANJIRAPPALLY TALUK, PIN - 686506
*Addl. 6 THE INDUSTRIES DEPARTMENT ( SOUGHT TO BE IMPLEADED )
         GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY,
         INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA,
         THIRUVANANTHAPURAM
         (* IMPLEADED AS PER ORDER DATED 16.02.2024 IN I. A. NO. 2
         OF 2024)
           BY GP AJITH VISWANATHAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.4900 of 2024        :2:



                            VIJU ABRAHAM, J.
          --    -- -- -- -- -- -- -- -- -- -- -- --
                        W.P.(C) No.4900 of 2024
          --    -- -- -- -- -- -- -- -- -- -- -- --
                 Dated this the 16th day of February, 2024

                              JUDGMENT

The petitioner has approached this Court challenging Ext.P15

order issued by the 1st respondent demanding a total amount of

Rs.4,86,760/- towards royalty and compounding fee. The petitioner

submits that aggrieved by the same, she has preferred Ext.P16

appeal along with Ext.P17 stay petition before the additional 6 th

respondent and prays for an expeditious disposal of the same.

2. Heard the learned Government Pleader and the learned

Standing Counsel for the respondent Panchayat.

3. After hearing both sides I am inclined to dispose of the writ

petition with the following directions:

(i) The additional 6th respondent shall take up Ext. P16 appeal

and dispose of the same, as expeditiously as possible, at any rate

within a period of three months from the date of receipt of a copy

of this judgment, after affording an opportunity of being heard to

the petitioner.

(ii) The additional 6th respondent shall also consider and pass

orders on Ext.P17 stay petition preferred along with Ext.P16

appeal within a period of one month from the date of receipt of a

copy of this judgment, after hearing the petitioner.

(iii) Till a decision is taken on Ext.P17 stay petition as

directed above, all further proceedings pursuant to Ext.P15 shall

be kept in abeyance.

(iv) There will also be a direction to the 1 st respondent to take

up Ext.P12 request made by the petitioner and dispose of the same

in accordance with law, within a period of one month from the date

of receipt of a copy of this judgment, after affording an opportunity

of being heard to the petitioner.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 4900/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORIGINAL SUIT NUMBERED AS O.S. NO. 72 OF 2019 FILED BY THE 3RD RESPONDENT BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY Exhibit P2 TRUE COPY OF THE ORIGINAL SUIT NUMBERED AS O.S. NO. 96 OF 2019 FILED BY THE 4TH RESPONDENT BEFORE THE MUNSIFF'S COURT, KANJIRAPPALLY Exhibit P3 TRUE COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER G. BILU BEFORE THE MUNSIFF'S COURT, KANJIRAPALLY IN O.S. NO. 72 OF 2019 Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER'S ERSTWHILE OWNER (5TH RESPONDENT) IN O.S. NO. 72 OF 2019 Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER'S ERSTWHILE OWNER (5TH RESPONDENT) IN O.S. NO. 96 OF 2019 Exhibit P6 TRUE COPY OF THE SETTLEMENT SIGNED BY THE PARTIES INCLUDING THE TERMS AND CONDITIONS OF THE SETTLEMENT Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 24.01.2022 IN O.S. NO. 72 OF 2019 Exhibit 8 TRUE COPY OF THE JUDGMENT DATED 29.01.2022 IN O.S. NO. 96 OF 2019 Exhibit P9 TRUE COPY OF THE ORDER DATED 12.10.2022 IN

0.S. NO. 220 OF 2022 IN I.A. NO. 3 OF 2022 OF THE MUNSIFF'S COURT KANJIRAPPALLY Exhibit P10 TRUE COPY OF REPLY LETTER DATED 08.03.2023 SENT BY 2ND RESPONDENT TO THE PETITIONER Exhibit P11 TRUE COPY OF THE LETTER DATED 30.09.2023 SENT BY 2ND RESPONDENT TO PETITIONER Exhibit P12 TRUE COPY OF APPLICATION DATED 09.10.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P13 TRUE COPY OF THE LETTER DATED 09.11.2023 ISSUED BY THE 1ST RESPONDENT

Exhibit P14 THE TRUE COPY LETTER DATED 24.01.2024 SENT BY THE 2ND RESPONDENT TO LST RESPONDENT ALONG WITH A COPY OF THE EARTH CUTTING PLAN AUTHENTICATED BY THE ASSISTANT ENGINEER OF LSGD SECTION, ELIKKULAM GRAM PANCHAYAT Exhibit P15 TRUE COPY OF THE DEMAND NOTICE DATED 29.01.2024 SENT BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P16 THE TRUE COPY OF THE STATUTORY APPEAL FILED ON 12.02.2024 FILED PETITION BEFORE THE SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA Exhibit P17 THE TRUE COPY OF THE STAY PETITION FILED ON 12.02.2024 FILED PETITION BEFORE THE SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA