IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 29427 of 2010(C) ----------------------------------------- PETITIONER(S): -------------------------- JOEMON JOSEPH, PROPRIETOR, VIJAYA STONE AGGREGATES, EDATHALA HOUSE, NEELESWARAM P.O., ERNAKULAM DISTRICT. BY SRI.K.GOPALAKRISHNA KURUP, SENIOR ADVOCATE, BY ADV. SRI.BABU S. NAIR, SMT.M.T.SHEEBA, SRI.P.A.RAJESH, SRI.K.RAKESH. RESPONDENT(S): --------------------------- 1. GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY, PRINCIPAL INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM - 695 004. 3. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, ERNAKULAM.\, PIN - 682 030. R1 TO R3 BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 29427 of 2010 C ``````````````````````````````````````````````````````` Dated this the 20th day of December, 2010 J U D G M E N T The writ petition was filed mainly for a direction to the respondents to grant registration to the metal crusher unit of the petitioner and to permit him to pay consolidated royalty and to issue transportation permits. 2. Pending the writ petition, on the allegation that the lease in respect of the land was granted for rubber cultivation and that the land was used for quarrying in violation of the lease conditions, the lease was cancelled. Subsequently, Government have taken a policy decision as reflected in G.O.(MS) No.239/2010/ID dated 01-12-2010. In the light of the said Government Order, both sides agree that the writ petition can be closed. 3. Therefore, this writ petition is closed, clarifying that once the decisions in the Government Order referred to above are taken, it will be open to the petitioner to pursue their application for registration, payment of consolidated royalty and for transportation W.P.(C) No.29427/10 : 2 : permits. 4. In so far as Ext.P8 notice is concerned, that was issued by the Geologist demanding remittance of `62,96,000/- from the petitioner, allegedly towards the royalty for the granites mined from the land in question. It being a demand notice and as the petitioner himself is given an opportunity of hearing on the demand, it is clarified that Ext.P8 will be treated as a show cause notice and that it will be open to the petitioner to file his objections to Ext.P8 within two weeks from today, in which event, a final decision in the matter will be taken, after affording him an opportunity of hearing. 5. With the above clarification and without expressing anything on the merits of the contentions raised, this writ petition is closed. 6. It is also clarified that in case the ultimate decisions taken on the issues raised, are adverse to the petitioner, it will be open to the petitioner to seek his remedies. Sd/- (ANTONY DOMINIC, JUDGE) aks