Pazhani Swami vs State Of Kerala
2024 Latest Caselaw 30467 Ker

Kerala High Court

Pazhani Swami vs State Of Kerala on 25 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                2024:KER:79505

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                  WP(C) NO. 33071 OF 2024

PETITIONER:

         PAZHANI SWAMI,
         AGED 63 YEARS
         S/O KARUPPAN, KARUNGATHODU,
         ATTAYAMPATHI,GOVINDAPURAM, PALAKKAD,
         PIN - 678507

         BY ADVS.
         U.BALAGANGADHARAN
         ARJUN P.P.



RESPONDENTS:

    1    STATE OF KERALA,
         RESPRESENTED BY ITS SECRETARY,INDUSTRIES
         DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANATHAPURAM, PIN - 695001

    2    THE DIRECTOR OF MINING AND GEOLOGY,
         KESAVADASAPURAM, PATTOM PALACE P .O.
         THIRUVANATHAPURAM, PIN - 695004

    3    THE DISTRICT GEOLOGIST,
         OFFICE OF THE MINING AND GEOLOGY
         DEPARTMENT TOWN BUS STAND COMPLEX,
         PALAKKAD, PIN - 678014

         BY ADV.
         SMT. VIDYA KURIAKOSE - GOVERNMENT PLEADER

     THIS WRIT PETITION      (CIVIL) HAVING COME UP       FOR
ADMISSION ON 25.10.2024,     THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                2024:KER:79505
WP(C) NO.33071 OF 2024
                              2

                         JUDGMENT

The petitioner was directed to pay a total sum of

Rs.2,47,480/- towards penalty for illegal extraction of clay.

The Government permitted the petitioner to clear the

penalty and fine in six equal monthly instalments. Pursuant

to the interim order of this Court dated 13.09.2024, the

petitioner has remitted Rs.20,000/-. The learned counsel for

the petitioner submits that the petitioner is prepared to pay

the balance amount in fifteen equal monthly instalments.

2. Having heard Sri. Balagangadharan U., the learned

counsel for the petitioner and Smt. Vidya Kuriakose, the

learned Government Pleader, this Writ Petition is disposed of

permitting the petitioner to pay the balance amount covered

by Ext.P1 in ten equal monthly instalments commencing

from 01.11.2024. If the petitioner commits default of any of

the instalments, the respondents are free to initiate

appropriate legal action, in accordance with law.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:79505 WP(C) NO.33071 OF 2024

APPENDIX OF WP(C) 33071/2024

PETITIONER'S EXHIBITS

Exhibit P-1 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 5..10..2023

Exhibit P-2 A TRUE COPY OF THE G.O. [ RT ] NO.

797/2024/ID DATED 31..8..2024

RESPONDENTS' EXHIBITS: NIL