Kerala High Court
Saji Yohannan vs Geologist on 21 October, 2014
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 21ST DAY OF OCTOBER 2014/29TH ASWINA, 1936
WP(C).No. 27350 of 2014 (P)
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PETITIONER:
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SAJI YOHANNAN,S/O. YOHANNAN,
ANTONY VILASOM HOUSE, THEKKEMURI,
EAST KALLADA P.O., KOLLAM DISTRICT.
BY ADV. SRI.M.L.SURESH KUMAR
RESPONDENTS:
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1. GEOLOGIST,
MINING AND GEOLOGY, DISTRICT OFFICE,
KOLLAM.PIN-691 001
2. THE DEPUTY TAHASILDAR,
REVENUE RECOVERY,TALUK OFFICE,
KOLLAM.PIN-691 001
R1 & R2 BY SR GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-10-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 27350 of 2014 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1- A TRUE COPY OF THE DEMAND NOTICE NO.D4 6431/2009 SERVED BY
THE 2ND RESPONDENT.
EXHIBIT P2- ATRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No.27350 of 2014
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Dated this the 21st day of October, 2014.
JUDGMENT
Coercive proceedings taken by the 2nd respondent issuing Ext.P1 demand notice under Section 7 of the Revenue Recovery Act, asking the petitioner to satisfy a sum of Rs.35,720/- (Rupees Thirty five thousand seven hundred and twenty only) plus such other charges, are under challenge in this writ petition.
2. The case of the petitioner is that, he is the owner of the property having an extent of nearly 27.71 Ares of land comprised in Survey No.480/3-1 of East Kallada Village covered by Sale Deed No.1411/2005. Another property having an extent of 37 Ares in the name of his wife is also situated nearby. In fact, the petitioner wanted to conduct mining of laterite stones from the said properties and an application was submitted as early as on 06.06.2007, but, the same was not acted upon by the 1st respondent. Later, on 27.09.2008, a notice was served on the petitioner by the 1st respondent, stating that the property of the W.P.(C) No.27350 of 2014 2 petitioner was inspected on 18.05.2007 and royalty to the tune of Rs.35,720/- was fixed in respect of the mining already effected. The case of the petitioner is that, no such mining activity has been conducted by the petitioner and that the operation was being run by the erstwhile owner, before the property came to the hands of the petitioner. The petitioner has already filed Ext.P2 representation before the 1st respondent and the prayer is to cause the same to be considered, simultaneously seeking to intercept the coercive proceedings.
3. Heard the learned Government Pleader as well.
4. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P2, in accordance with law, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.
Coercive proceedings pursuant to Ext.P1 shall be kept in abeyance on condition that the petitioner satisfies a sum of W.P.(C) No.27350 of 2014 3 Rs.15,000/- (Rupees Fifteen thousand only) on or before 30.10.2014.
Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp