Kerala High Court
Priyesh A vs Deputy Tahsildar,(Rr) on 21 December, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
WP(C) NO. 41759 OF 2022
PETITIONER:
PRIYESH A.,
AGED 32 YEARS
S/O CHANDRAN, AYANATH HOUSE, KOYYAM P.O,
CHENGALAI AMSOM, KANNUR DISTRICT PIN - 670142.
BY ADVS.
V.T.MADHAVANUNNI
V.A.SATHEESH
ANAND V.S
RESPONDENTS:
1 DEPUTY TAHSILDAR,(RR),
TALUK OFFICE, MINI CIVIL STATION,
TALIPARAMBA P.O, KANNUR DISTRICT, PIN 670141.
2 VILLAGE OFFICER,
CHUZHALI VILLAGE OFFICE, CHUZHALI P.O,
KANNUR DISTRICT, PIN 670142.
3 VILLAGE OFFICER,
CHENGALAI VILLAGE OFFICE,
CHENGALAI P.O, KANNUR DISTRICT, PIN 670142.
4 DISTRICT COLLECTOR,
CIVIL STATION, KANNUR DISTRICT, PIN 670002.
5 GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT,
DISTRICT OFFICE, KANNUR DISTRICT, PIN 670002.
SMT.VIDYA KURIAKOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.41759 of 2022
2
JUDGMENT
Dated this the 21st day of December, 2022 The petitioner, is a resident of Chengalai Amsom in Kannur District. In the year 2019, the petitioner was issued with Ext.P1 order dated 30.10.2019 pointing out that the petitioner is liable to pay an amount of ₹3,49,020/- towards royalty, penalty and price as regards the alleged illegal lateral stone mining conducted by the petitioner. The 5th respondent- Geologist had made a requisition to the 4 th respondent-District Collector for recovery of the amount and interest at the rate of 12% per annum from the petitioner. Now, the 1 st respondent- Deputy Tahsildar has issued Exts.P2 and P3 Revenue Recovery Notices to the petitioner.
2. The petitioner states that at this stage, the petitioner is not disputing the amount demanded by the WP(C) No.41759 of 2022 3 Geologist from the petitioner. However, the petitioner is not in a position to pay the amount of ₹4,52,521/- together. The petitioner will be able to pay the amount in instalments.
3. Government Pleader entered appearance on behalf of the respondents and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. The demand was made as early on 30.10.2019. The petitioner has resorted to illegal mining of laterite stone. Therefore, the petitioner is bound to pay the amount to the Government, failing which, there will be loss to the public exchequer.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. Taking into consideration the fact that the petitioner is not disputing the amount demanded as per Ext.P1 order WP(C) No.41759 of 2022 4 and taking into consideration the averments made by the petitioner in the writ petition, I am of the view that reasonable time can be granted to the petitioner to pay the amount demanded as per Exts.P1 to P3.
In the circumstances, the writ petition is disposed of permitting the petitioner to pay the amount demanded as per Ext.P3 in 12 consecutive Equal Monthly Instalments. The first of such instalments shall be paid on or before 01.01.2023. It is made clear that the petitioner will also be liable to pay other charges, if any, under the Revenue Recovery Act. If the petitioner makes two consecutive defaults in making payment as directed above, the respondents will be at liberty to proceed against the petitioner as per Exts.P2 and P3 notices.
Sd/-
N.NAGARESH JUDGE spk WP(C) No.41759 of 2022 5 APPENDIX OF WP(C) 41759/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 30/10/2019 ISSUED BY RESPONDENT NO. 5. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 24/11/2022 ISSUED TO THE PETITIONER.
Exhibit P3 TRUE COPY OF THE NOTICE BEFORE ATTACHMENT DATED 24/11/2022 ISSUED TO THE PETITIONER.