IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6809 of 2010(A) ------------------------------------- PETITIONER: ------------------- KUNCHANDI VAIDIAN, AGED 53, SON OF MATHEW VAIDIAN, MAPPILA VEEDU, PUTHENPURAYIL, KIZHAKKEKARA MURI, MAINAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADVS. MR.T.K.VENUGOPALAN, MR.SHIBU JOSEPH. RESPONDENTS: ------------------------ 1. DEPUTY TAHASILDAR (R.R.), TALUK OFFICE, KUNNATHUR, KOLLAM. 2. GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, KOLLAM. 3. THE JOINT SECRETARY TO THE GOVERNMENT, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. 4. THE SPECIAL SECRETARY TO THE GOVERNMENT, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R4 BY SR.GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6809/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March, 2010 J U D G M E N T The petitioner herein is aggrieved by Ext.P10 order by which the appellate authority concurred with the order passed by the Geologist, assessing royalty and penalty. 2. The matter is regarding illegal extraction of laterite sand from the property in Re-survey Nos.314/13-2, 16-4, 13-3 and 13-4 of Kunnathur Taluk of Kollam District. The appeal was heard by the appellate authority in Government and the same was dismissed. Thereafter, the petitioner filed an appeal before the Government invoking Rule 49(1)(b) of the Kerala Minor Mineral and Concession Rules, 1967. Ext.P11 is the copy of the said appeal along with, Ext.P12, an inter locutory application for staying the order passed by the appellate authority. 3. There will be a direction to the fourth respondent to take a decision on Ext.P11 appeal within a period of three months from the date of receipt of a copy of this Judgment. In the meanwhile, the fourth respondent will consider the stay petition filed along with the appeal and appropriate orders will be passed within a period of three weeks. The petitioner will produce a copy of the writ petition along with a copy of this Judgment for compliance. W.P.(C). No.6809/2010 -:2:- Coercive steps, if any, will be kept in abeyance till orders are passed in the Ext.P12 stay petition. (T.R. Ramachandran Nair, Judge.) ms