D.Sumadevi vs State Of Kerala
2024 Latest Caselaw 26487 Ker

Kerala High Court

D.Sumadevi vs State Of Kerala on 5 September, 2024

W.P.(C.) No. 38996 of 2015


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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE P.M.MANOJ

   THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                             WP(C) NO. 38996 OF 2015

PETITIONER:

              Smt.D.SUMADEVI
              M/S. MALLELLIL INDUSTRIES, ATTACHAKKAL P.O, KONNI,
              PATHANAMTHITTA.

              BY ADVS.
              SRI.PHILIP J.VETTICKATTU
              SRI.VINEETH KURIAKOSE



RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY ITS PRICIPAL SECRETARY, INDUSTRIES
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
              001.

      2       THE DIRECTOR OF MINING AND GEOLOGY
              DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
              PATTOM PO, THIRUVANANTHAPURAM 695 004.

      3       THE DISTRICT GEOLOGIST
              MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
              PATHANAMTHITTA 689 645.



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 38996 of 2015


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                          P.M. MANOJ. J
         -------------------------------------------------------
                 W.P.(C.) No. 38996 of 2015
       --------------------------------------------------------
       Dated this the 5th day of September, 2024

                              JUDGMENT

The petitioner in this writ petition is conducting

quarrying operations on the strength of quarrying leases

issued in the years 2002 and 2004 respectively. Prior to that,

petitioner had quarrying operations on the strength of mining

permits from the year 1997-1998 and the petitioner paid

royalty at the compounded rate under the Consolidated

Royalty Payment System, since the year 2002.

2. However in the year 2005, a surprise inspection

was conducted by the Vigilance into the unit of the petitioner

and based on such report, steps were initiated to recover the

royalty for the excess quantity of rock alleged to have been

quarried. The said proceeding was challenged by the petitioner

in Ext. P4 appeal. The appeal was allowed and the petitioner

was exonerated from the liability. After lapse of 1 ½ years,

Government suo motu reviewed the said order in a similar

matter pending before this Court. In such circumstances, this

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Court has issued an unconditional stay as per Ext. P15.

Challenging Exts. P9, 10, P11 and P12 orders, this writ petition

is putforth.

During the pendency of this Writ Petition, the District

Geologist had issued further demand notices directing the

petitioner to remit the amount covered by Exts. P11 to P12

proceedings as per Ext. P16. Thus, the petitioner approached

the 2nd respondent seeking installment facility for remitting the

amount demanded as per Exts. P11 to P12. Accordingly,

permission was granted to remit the amount in three

installments with interest at the rate of 12% from the date of

demand. It is stated that in compliance of said permission,

petitioner had paid the entire amount as per Exts. P17 to P19.

In such circumstances no further grievance exist and the writ

petition is closed.

Sd/-

P.M. MANOJ JUDGE sjb

2024:KER:68405

APPENDIX OF WP(C) 38996/2015

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE CERTIFYING THE UNIT OF THE PETITIONER AS A REGISTERED METAL CRUSHER UNIT IN THE YEAR 2002.

EXHIBIT P2 TRUE COPY OF RELEVANT PAGE OF THE REPORT SUBMITTED BY THE VIGILANCE.

EXHIBIT P3 TRUE COPY OF REPLY GIVEN BY THE DEPARTMENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF ORDER DATED 9.7.12 ALLOWING APPEAL OF THE PETITIONER.

EXHIBIT P5 TRUE COPY OF NOTICE DATED 23.9.13 INFORMING THE PETITIONER TO REVEIW EXT.P4.

EXHIBIT P6 TRUE COPY OF PETITION DATED 3.10.13 FILED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY TO GOVERNMENT.

EXHIBIT P7 TRUE COPY OF NOTICE DATED 9.12.13 INTIMATING THE HEARING ON 17.12.13.

EXHIBIT P8 TRUE COPY OF PETITION DATED 14.12.13 FILED BY THE PETITIONER.

EXHIBIT P9 TRUE COPY OF NOTICE DATED 2.7.13 ISSUED TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF LETTER DATED 6.6.15 ISSUED BY THE DIRECTOR AND MINING AND GEOLOGY.

EXHIBIT P11 TRUE COPY OF COMMUNICATION DATED 25.3.15 ISSUED FROM THE OFFICE OF THE PRINCIPAL SECRETARY TO GOVERNMENT TO THE DIRECTOR OF MINING AND GEOLOGY.

EXHIBIT P12 TRUE COPY OF PROCEEDINGS DATED 2.8.14 OF THE DIRECTOR OF MINING AND GEOLOGY COMMUNICATED TO THE PRINCIPAL SECRETARY TO GOVERNMENT.

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EXHIBIT P13 TRUE COPY OF CIRCULAR DATED 20.5.09 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY.

EXHIBIT P14 TRUE COPY OF GOVERNMENT ORDER BEARING NO.G.O(RT) NO.1087/2008/ID DATED 22.9.08.

EXHIBIT P15 TRUE COPY OF INTERIM ORDER DATED 7.8.15 IN WPC 23271/15 OF THIS HONOURABLE COURT.

EXHIBIT P16 TRUE COPY OF THE NOTICE BEARING NO.6O2 /DOPTALM/M/14, DATED 29-11- 2017 , ISSUED BY THE DISTRICT GEOLOGIST, PATHANAMTHITTA.

EXHIBIT P17 TRUE COPY OF THE TREASURY CHELAN DATED 19-4- 2018 SHOWING REMITTANCE OF FIRST INSTALLMENT.

EXHIBIT P18 TRUE COPY OF THE TREASURY CHELAN DATED 25-2-

                            2019    SHOWING   REMITTANCE    OF    SECOND
                            INSTALLMENT.

EXHIBIT P19                 TRUE COPY OF THE TREASURY CHELAN DATED 11-4-

2019 SHOWING REMITTANCE OF THIRD INSTALLMENT.

   RESPONDENTS' EXHIBITS:NIL



                        //TRUE COPY//            P.A. TO JUDGE