Vettampara Nobel Granites Pvt Ltd vs The Director Of Mining And Geology
2024 Latest Caselaw 29819 Ker

Kerala High Court

Vettampara Nobel Granites Pvt Ltd vs The Director Of Mining And Geology on 22 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                       2024:KER:78464



            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946


                     WP(C) NO. 35676 OF 2024

PETITIONER:

            VETTAMPARA NOBEL GRANITES PVT LTD,
            DOOR NO. 13-400B, PLAYAMKOTTIL, PERINGALA,
            KUNNATHUNADU, ERNAKULUM DISTRICT REPRESENTED BY
            ITS MANAGING DIRECTOR P,N SHANAVAS, PIN - 683565


            BY ADV.
            BINU PAUL



RESPONDENTS:

    1       THE DIRECTOR OF MINING AND GEOLOGY
            OFFICE OF THE DIRECTORATE AND MINING AND GEOLOGY,
            KESAVADASAPURAM, PATTOM PALACE P.O.,
            THIRUVANANTHAPURAM, PIN - 695004

    2       THE DISTRICT GEOLOGIST
            MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL
            STATION, KAKKANAD, COCHIN, PIN - 682030


            BY ADV.
            SRI. B. S. SYAMANTHAK - GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   22.10.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2024:KER:78464
WP(C) NO.35676 OF 2024
                                    2



                          JUDGMENT

The 2nd respondent passed Ext.P1 order directing the

petitioner to pay a total sum of Rs.2,34,48,320/- towards the

illegal extraction of the minerals. The petitioner was

directed to pay Rs.40,00,000/- out of the said sum at once

and permitted to pay the balance amount in five equal

monthly instalments with 12% interest. Pursuant to Ext.P1

order, the petitioner remitted Rs.40,00,000/- towards the

first instalment. However, he could not pay the subsequent

instalments. This Writ Petition has been filed seeking further

time to clear the remaining amount covered by Ext.P1 after

deducting Rs.40,00,000/- already paid.

2. Having heard Sri. Binu Paul, the learned counsel for the

petitioner and Sri. B. S. Syamanthak, the learned

Government Pleader, this Writ Petition is disposed of

allowing the petitioner to pay the balance amount with

interest at the rate of 12% per annum in twelve equal

monthly instalments commencing from 01.11.2024. If the 2024:KER:78464 WP(C) NO.35676 OF 2024

petitioner commits any default, the respondents are at

liberty to initiate legal proceedings, in accordance with law.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:78464 WP(C) NO.35676 OF 2024

APPENDIX OF WP(C) 35676/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 30.08.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE PAY IN SLIP DATED 19.09.2024 OF THE DISTRICT TREASURY ERNAKULAM

RESPONDENTS' EXHIBITS: NIL