Kerala High Court
Aravind K.P vs State Of Kerala on 29 July, 2025
2025:KER:56153
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
WP(C) NO. 25847 OF 2025
PETITIONER:
1 ANANTHARAMAN K.P.,
AGED 38 YEARS
S/O. PARAMESHWARAN, KOTTINGAL MADOM, KALLOOR,
MANGARA, PALAKKAD, PIN - 678613
BY ADV SMT.B.SABITHA (DESOM)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING AND
GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR,
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004
3 THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, TOWN
BUS STAND OFFICE, PALAKKAD, PIN - 678014
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.07.2025, ALONG WITH WP(C).25827/2025, 25875/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
WP(C) NO. 25827 OF 2025
PETITIONERS:
1 ARAVIND K.P.,
AGED 41 YEARS
S/O. PARAMESHWARAN, KOTTINGAL MADOM, KALLOOR,
MANGARA, PALAKKAD, PIN - 678613
BY ADVS.
SMT.B.SABITHA (DESOM)
SHRI.AMJATH T.H.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 DIRECTOR,
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004
3 THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
TOWN BUS STAND OFFICE, PALAKKAD, PIN - 678014
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
-3-
29.07.2025, ALONG WITH WP(C).25847/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 29TH DAY OF JULY 2025 / 7TH SRAVANA, 1947
WP(C) NO. 25875 OF 2025
PETITIONER:
1 MURALIDHARAN,
AGED 53 YEARS
S/O. SIVARAMAKRISHNA IYYER, KOTTINGAL MADOM,
KALLOOR, MANGARA, PALAKKAD, PIN - 678613
BY ADVS.
SMT.B.SABITHA (DESOM)
SHRI.AMJATH T.H.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING
AND GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 DIRECTOR,
DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM,
PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN - 695004
3 THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
TOWN BUS STAND OFFICE, PALAKKAD, PIN - 678014
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
-5-
29.07.2025, ALONG WITH WP(C).25847/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
-6-
C. JAYACHANDRAN, J.
------------------------------------------
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
------------------------------------------
Dated, this the 29th day of July, 2025
COMMON JUDGMENT
In all the three Writ Petitions, Ext.P1 Order issued by the
3rd respondent/Geologist is under challenge. Ext.P1 demands
a specified sum from the petitione,r alleging illegal
extraction and removal of granite stone from the
petitioner's property, without necessary license or permit.
What has been demanded is the compounding fee. The main
ground urged by the learned Counsel for the petitioner to
assail Ext.P1 is that the petitioner was not given an
opportunity of being heard, before issuing Ext.P1 demand
notice. Learned Counsel for the petitioner would submit
that though a show cause notice was issued and the
petitioner appeared before the authority, the authority was
not available on the date stipulated in the show cause.
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
2. This aspect is seriously disputed by the learned
senior Government Pleader by pointing out that the
petitioner failed to appear in accord with the show cause
notice.
3. At any rate, this Court notice that Ext.P1 is an Order
issued without hearing the petitioner, whether it is in
tune with the case as projected by the petitioner; or in
accord with the case as submitted by the learned Government
Pleader.
4. In the circumstances, Ext.P1 Order in all the three
Writ Petitions will stand set aside. The matter will stand
remitted to the 3rd respondent/Geologist for passing fresh
orders, in accordance with law, after affording an
opportunity of being heard to the petitioner. Needless to
say that the contentions urged by the petitioner will be
addressed in the Order to be passed, as directed above. Let
the above exercise be completed within a period of two
months from the date of production of a copy of this
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
judgment. The petitioner will produce a copy of this
judgment before the 3rd respondent/Geologist, for necessary
compliance.
The Writ Petition is allowed as indicated above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/29-07
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
APPENDIX OF WP(C) 25827/2025
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 16.05.2025
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2 THE PHOTOGRAPHS OF THE LAND OF THE
PETITIONER SHOWING THE PRESENT POSITION
RESPONDENTS' EXHIBITS: NIL
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
- 10 -
APPENDIX OF WP(C) 25875/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 16.05.2025
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2 THE PHOTOGRAPHS OF THE LAND OF THE
PETITIONER SHOWING THE PRESENT POSITION
RESPONDENTS' EXHIBITS: NIL
2025:KER:56153
W.P.(C.) Nos.25847, 25875 & 25827 of 2025
- 11 -
APPENDIX OF WP(C) 25847/2025
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 16.05.2025
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2 THE PHOTOGRAPHS OF THE LAND OF THE
PETITIONER SHOWING THE PRESENT POSITION
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
