Kerala High Court
Sathyan. K.V vs Government Of Kerala on 14 October, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
WP(C).No. 1116 of 2016 (L)
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PETITIONER(S):
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SATHYAN. K.V., AGED 49 YEARS,
S/O. K.K. VASU, KULATHINKAL HOUSE,
KUMBLERI P.O.,WAYANAD DISTRICT.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA,
SRI.N.SHAMSUL HUDA.
RESPONDENT(S):
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1. GOVERNMENT OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT,
PBM BUILDING, MEENANGADI P.O.,
WAYANAD DISTRICT-673 591.
3. VILLAGE OFFICER,
AMBALAVAYAL VILLAGE,
AMBALAVAYAL P.O., KALPETTA- VIA,
WAYANAD DISTRICT-673 593.
BY GOVT. PLEADER SRI.BIJU MEENATTOOR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-01-2016, ALONG WITH WP(C).NO.1154 OF 2016, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 1116 of 2016 (L)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE NOC DATED 14/10/2011 ISSUED BY THE TAHSILDAR,
SULTHAN BATHERY TALUK.
EXT.P2 COPY OF THE PROCEEDING DATED 07/05/2012 ISSUED BY THE
TAHSILDAR, SULTHAN BATHERY TALUK, EXTENDING EXT.P1 NOC.
EXT.P3 COPY OF THE QUARRYING PERMIT DATED 06/06/2012 ISSUED BY THE
2ND RESPONDENT.
EXT.P4 COPY OF THE INTEND DATED 08/07/2015 ISSUED BY THE
2ND RESPONDENT.
EXT.P5 COPY OF THE CONSENT TO OPERATE DATED 10/07/2015 ISSUED BY
THE KERALA STATE POLLUTION CONTROL BOARD, VALID UP TO
31/01/2018.
EXT.P6 COPY OF THE LICENCE NO.9/2015-16 DATED 10/07/2015 ISSUED BY
THE AMBALAVAYAL GRAMA PANCHAYAT.
EXT.P7 COPY OF THE QUARRYING PERMIT DATED 13/07/2015 ISSUED BY
THE 2ND RESPONDENT.
EXT.P8 COPY OF THE APPLICATION DATED 04/01/2016 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
A.MUHAMED MUSTAQUE, J.
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W.P.(C).Nos.1116/2016 & 1154/2016
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Dated this the 12th Day of January, 2016
J U D G M E N T
These writ petitions are filed seeking for a direction to issue O(A) Forms without insisting for payment of royalty.
2. The learned counsel for the petitioners points out that this issue is pending before the Hon'ble Supreme Court and therefore, the petitioners are not liable to pay royalty. The counsel also refers to the judgment of the Hon'ble Supreme Court in Thresiamma Jacob v. Geologist, Department of Mining and Geology [2013 (3) KLT 275 (SC)] dated 8th July, 2013.
3. This Court is of the view that necessary O(A) Forms shall be issued to the petitioners on payment of royalty. However, this will be subject to the outcome of the pending matter before the Hon'ble Supreme Court as to the payment of royalty by private land owners. Needful shall be done within one week from the date of receipt of a copy of this judgment. If, ultimately, the Hon'ble Supreme Court takes a view that the persons like the petitioners are not liable to pay royalty, certainly, the respondents are liable to refund the royalty amount paid by the petitioners.
The writ petitions are disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms