Kerala High Court
M/S.Cmj Granites vs The Revenue Divisional Officer on 23 November, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 6TH DAY OF OCTOBER 2017/14TH ASWINA, 1939
WP(C).No. 31820 of 2017 (B)
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PETITIONER(S) :
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M/S.CMJ GRANITES,
BUILDING NO.8/215, MARIYAPURAM,
IDUKKI, REPRESENTED BY ITS MANAGING PARTNER,
SEBASTIAN C.JACOB.
BY ADVS. SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
RESPONDENT(S) :
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1. THE REVENUE DIVISIONAL OFFICER,
IDUKKI- 685 613.
2. THE TAHSILDAR,
TALUK OFFICE, IDUKKI, VANCHIKKAVALA,
CHERUTHONI, IDUKKI- 685 602.
3. THE VILLAGE OFFICER,
THANKAMONI VILLAGE, IDUKKI- 685 508.
4. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
TRIVANDRUM- 695 001.
BY GOVERNMENT PLEADER SRI. RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 31820 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF PROCEEDINGS OF DIRECTOR, MINING &
GEOLOGY, DATED 23.11.2006.
EXHIBIT P2 TRUE COPY OF ORDER DATED 02.09.2017 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT UNDER THE PROVISIONS OF LAND
CONSERVANCY ACT AND ITS RECEIPT.
EXHIBIT P4 TRUE COPY OF STAY PETITION FILED BY THE PETITIONER ALONG
WITH EXHIBIT P3 APPEAL.
EXHIBIT P5 TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT FOR INSTALLMENT FACILITY.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.B.SURESH KUMAR, J.
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W.P.(C).No.31820 of 2017-B.
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Dated this the 6th day of October, 2017.
J U D G M E N T
Ext.P2 is an order issued by the second respondent, by which a sum of Rs.1,09,85,785/- has been ordered to be recovered from the petitioner towards compensation. Ext.P2 order pertains to three periods. The first period is from 21.01.2012 to 01.02.2015, the second period is from 02.02.2015 to 17.02.2016 and the third period is from 18.02.2016 to 30.06.2017. As far as the first period is concerned, the amount directed to be realised by way of compensation from the petitioner is Rs.3,05,185/-. As far as the second period is concerned, the amount directed to be realised from the petitioner is Rs.67,90,600/- and as far as the third period is concerned, the amount directed to be realised is Rs.38,90,000/-. The petitioner does not dispute the liability in relation to the periods one and three. They challenged the direction to realise the sum of Rs.67,90,600/- in terms of Ext.P2 order in relation to the second period in appeal before the first respondent. Ext.P3 is the appeal WP.(C).No.31820/2017-B. 2 preferred by the petitioner in this regard invoking Section 16(1)
(b) of the Kerala Land Conservancy Act, 1957. Ext.P4 is the application preferred by the petitioner for stay in Ext.P3 appeal. The petitioner seeks orders permitting them to pay the amounts directed to be recovered for the periods one and three by way of instalments and a direction to the first respondent to take a decision on Ext.P3 appeal within a time frame.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
3. Going by the contentions raised by the petitioner in Ext.P3 appeal, it is seen that the petitioner is disputing only a portion of the liability. In the circumstances, having regard to the totality of the facts, I deem it appropriate to dispose of the writ petition as follows:
(i) The petitioner is permitted to pay the amount directed to be recovered for the periods one and three ie., Rs.41,95,185/- in nine equal monthly instalments commencing from 20.10.2017. It is made clear that if the petitioner commits default in remitting any one of the instalments as directed above, the respondents will be free to realise the aforesaid amounts in lump.
WP.(C).No.31820/2017-B. 3
(ii) The petitioner shall pay a sum of Rs.17,00,000/- out of the amount demanded for the second period, within one month from the date of receipt of a copy of this judgment.
(iii) If the petitioner remits the sum of Rs.17,00,000/- as directed above within the time stipulated, the first respondent shall consider and pass orders on Ext.P3 appeal within one month from the date of production of a copy of the receipt evidencing payment of Rs.17,00,000/-. Needless to say that if the petitioner remits Rs.17,00,000/- as directed above, further proceedings for realisation of the balance amounts covered by Ext.P2 order for the second period shall be deferred until a final decision is taken by the first respondent on Ext.P3 appeal.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //