Kerala High Court
Mathachan vs Geologist on 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2024/10TH JYAISHTA, 1946
WP(C) NO.16106 OF 2024
PETITIONER:
MATHACHAN, AGED 42 YEARS, S/O.VARKYCHAN,
EDASSERY HOUSE, RAYINMELKARA, CHENGAMANADU,
ERNAKULAM, PIN - 683578.
BY ADVS.
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
GAYATHRI S.B.
RESPONDENT:
GEOLOGIST, MINING AND GEOLOGY DEPARTMENT,
DISTRICT OFFICE, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN - 682030.
BY ADV. AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.16106 of 2024
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JUDGMENT
Dated, this the 31st May, 2024
The petitioner has been issued with Ext.P4 demand
notice alleging illegal removal of clay, which seek
to recover the royalty, as also, the penalty.
2. Petitioner preferred a representation as against
Ext.P4 demand. Going by Ext.P5, it is clear that an
opportunity of hearing was afforded to the
petitioner. Now, the grievance of the petitioner is
that, without passing an order in the representation
preferred by the petitioner, albeit affording an
opportunity of hearing, the authorities are now
trying to recover the amounts covered by Ext.P4
demand by resorting to Revenue Recovery proceedings.
In short, the petitioner seeks an order to be passed
to his representation; and not to initiate any
coercive proceedings for recovery of the amounts
covered by Ext.P4, in the meantime.
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3. Learned Government Pleader would submit that
although an opportunity was afforded vide Ext.P5, the
petitioner did not appear and thus failed to avail
the same. Learned Government Pleader would, however,
submit that no orders have been passed pursuant to
the hearing afforded vide Ext.P5.
4. In answer to the same, the petitioner would
submit that he had appeared for the hearing and that
a written statement was made on that day pursuant to
Ext.P5.
5. In the above facts and circumstances, there will
be a direction to the respondent Geologist to pass an
order in the representation preferred by the
petitioner as against Ext.P4 - in which an
opportunity of hearing was granted vide Ext.P5 -
within a period of two weeks from the date of receipt
of a copy of this judgment. Petitioner will produce a
copy of this judgment before the respondent
Geologist. Until such time, no coercive steps shall
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be taken for recovery of the amounts covered by
Ext.P4.
The Writ Petition is disposed of as above.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 16106/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE INJUCTION ORDER DATED
15-01-2020 IN IA.NO.2720/2019 IN OS.NO.
481 OF 2019 OF THE MUNSIFF COURT, ALUVA.
EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 09-06-
2020 ISSUED BY THE RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE REPLY DATED 17-07-2020
BEFORE THE RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 22-07-
2020 ISSUED BY THE RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 16-09-
2020 ISSUED BY THE RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REVENUE RECOVERY
NOTICE ISSUED BY DEPUTY TAHASILDAR, ALUVA
DATED 22-01-2024.
EXHIBIT P7 A TRUE COPY OF REPRESENTATION DATED
11.4.2024 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT.
