IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 37058 of 2010(F) -------------------------------------- PETITIONERS: --------------------- 1. REGHUNATHAN PILLAI, S/O.BALAKRISHNAN PILLAI, `MOHANA SADANAM', KALAYAPURAM P.O., KOTTARAKKARA, KOLLAM DISTRICT. 2. PRABHA KUMARI, D/O.VANANTHI AMMA, `MOHANA SADANAM', KALAYAPURAM P.O., KOTTARAKKARA, KOLLAM DISTRICT. 3. MOHANAN PILLAI, S/O.BALAKRISHNAN PILLAI, KOPPARA HOUSE, ANTHAMAN P.O., KOTTARAKKARA, KOLLAM DISTRICT. 4. CHANDRASEKHARAN PILLAI, S/O.PARAMESWARAN PILLAI, `RADHALAYAM', VALLIKUNNAM P.O., MAVELIKKARA. 5. OMANA AMMA, D/O.PONNAMMA, `MOHANA SADANAM', KALYAPURAM P.O., KOTTARAKKARA, KOLLAM DISTRICT. 6. SURESH KUMAR, S/O.VASUDEVAN PILLAI, KOPPARA HOUSE, ANDAMAN P.O., KOTTARAKKARA, KOLLAM DISTRICT. 7. SASIDHARAN PILLAI, S/O.NARAYANA PILLAI, KUZHIVIZHA HOUSE, POOVATTUR EAST, KULAKKADA, KOLLAM DISTRICT. BY ADVS. SMT.G.VIDYA, SRI.C.N.SIVANKUTTY. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF MINING & GEOLOGY, DEPARTMENT OF MINING & GEOLOGY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. W.P.(C). NO.37058/2010-F: 2. THE APPELLATE AUTHORITY, CONSTITUTED UNDER MINOR MINERAL CONCESSION RULES, DEPARTMENT OF MINING & GEOLOGY, COLLECTORATE, KOLLAM-691 001. 3. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, KOLLAM-691 001. 4. THE VILLAGE OFFICER, KALAYAPURAM VILLAGE, KOLLAM DISTRICT-691 560. R1 TO R4 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 37058 OF 2010 ===================== Dated this the 13th day of December, 2010 J U D G M E N T According to the petitioners, on receipt of Ext.P1 series of demand notices issued by the 3rd respondent requiring them to pay the royalty mentioned therein, they filed Ext.P2 series of appeals, which are pending consideration of the 2nd respondent. It is stated that during the pendency of these appeals, the 3rd respondent is proposing to take coercive action based on Ext.P1 series of demand notices. It is complaining of the above, the writ petition is filed. 2. Ext.P2 series are the first appeals filed by the petitioners against Ext.P1 demand notices. Therefore, at this stage, I feel it is only appropriate that the 2nd respondent should consider the appeals with notice to the parties concerned and until orders are passed, further action based on Ext.P1 series will be kept in abeyance. 3. In that view of the matter, the writ petition will stand disposed of with the following directions:- (1) That the 2nd respondent will dispose of Ext.P2 series of WPC No. 37058/10 :2 : appeals with notice to the petitioners and this shall be done as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. (2) It is directed that until orders are passed on the appeals as above, further proceedings pursuant to Ext.P1 series of demand notices will be kept in abeyance. (3) Petitioners to produce a copy of this judgment along with a copy of this writ petition before respondents 2 and 3 for compliance. ANTONY DOMINIC, JUDGE Rp