Kunhi Mohammed vs The Government Of Kerala
2024 Latest Caselaw 27494 Ker

Kerala High Court

Kunhi Mohammed vs The Government Of Kerala on 11 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) NO. 31283 OF 2024


                             1
                                              2024:KER:69214


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,

                            1946

                  WP(C) NO. 31283 OF 2024

PETITIONER:

         KUNHI MOHAMMED,
         AGED 70 YEARS
         MANNATHODI HOUSE, VELLUR,
         POKKOTTUR,MALAPPURAM, PIN - 676157


         BY ADVS.
         N.ANAND
         RAJESH O.N.
         ROY ANTONY




RESPONDENTS:

    1    THE GOVERNMENT OF KERALA,
         DEPARTMENT OF INDUSTRIES ,
         SECRETARIAT, THIRUVANANTHAPURAM ,
         REPRESENTED BY ITS SECRETARY, PIN - 695001

    2    THE DEPUTY SECRETARY,
         DEPARTMENT OF INDUSTRIES, SECRETARIAT
         THIRUVANANTHAPURAM, PIN - 695001

    3    THE JOINT SECRETARY AND APPELLATE AUTHORITY,
         DEPARTMENT OF INDUSTRIES SECRETARIAT
 WP(C) NO. 31283 OF 2024


                                2
                                                  2024:KER:69214


            THIRUVANANTHAPURAM, PIN - 695001

    4       THE SENIOR GEOLOGIST
            MINING AND GEOLOGY DEPARTMENT,
            MINI CIVIL STATION, MANJERI P.O.,
            MALAPPURAM, PIN - 676121



OTHER PRESENT:

            DEEPA V., GP


     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 31283 OF 2024


                                     3
                                                           2024:KER:69214




                           JUDGMENT

The 4th respondent imposed a total penalty of Rs.25,64,600/-

against the petitioner for unauthorized quarrying, as per Ext.P3. The

petitioner preferred an appeal before the 3 rd respondent challenging

Ext.P3 order by depositing 10% (Rs.2,56,460/-) of the penalty

amount. The appellate authority, as per Ext.P6, dismissed the appeal.

The petitioner preferred the second appeal before the 2 nd respondent.

The 2nd respondent permitted the petitioner to clear the penalty

amount in six instalments, but the 2nd respondent did not give credit

to the amount of Rs.2,56,460/- paid by him. The relief sought for in

this writ petition is to give credit to the said amount.

2. I have heard Sri.N.Anand, the learned counsel for the

petitioner and Smt.Deepa V, the learned Government Pleader.

3. It is submitted that the petitioner has already paid first

instalment amount of Rs.4,27,433/-. Thus, altogether the petitioner

has paid Rs.6,83,893/- (4,27,433+ 2,56,460). The petitioner shall pay

the balance amount of Rs.18,80,707/- in five equal instalments WP(C) NO. 31283 OF 2024

2024:KER:69214

commencing from 01.10.2024.

The writ petition is disposed of as above.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) NO. 31283 OF 2024

2024:KER:69214

APPENDIX OF WP(C) 31283/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 16.06.2022 ISSUED BY THE RESPONDENT NO.4 IN NO. D.O.M/M-01/2022(1)

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 27.02.2023 PASSED BY THIS HON'BLE COURT

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 12.04.2023 ISSUED BY THE RESPONDENT NO.4 IN NO. 11/2023-24/GS/D.O.M/M-01/2022

EXHIBIT P4 A TRUE COPY OF THE RELEVANT PORTION OF G.O (P) NO. 38/2013/ID DATED 31.03.2023

EXHIBIT P5 A TRUE COPY OF THE CHALLAN DATED

EVIDENCING THE RECEIPT OF RS.

2,56,460.00/-

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 11.10.2023 ISSUED BY RESPONDENT NO. 3 IN NO. GO(RT) NO. 1050/2023/ID

EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 25.07.2024 PASSED BY RESPONDENT NO.2 IN NO. G.O.(RT). NO. 652/2024/ID

EXHIBIT P8 A TRUE COPY OF THE RECEIPT DATED 27.08.2024 ISSUED BY THE DEPARTMENT OF TREASURIES IN GRN KL017416003202425E