IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 27255 of 2009(B) ---------------------------------------- PETITIONER(S): ----------------------- GEORGE ANTONY, MANAGING PARTNER, M/S. G.K. GRANITES, KIZHAKKAMBALAM, ERNAKULAM-683 562. BY ADV. MR.N.JAMES KOSHY RESPONDENT(S): ------------------------- 1. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, ERNAKULAM, KOCHI-30. 2. THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT OF MINING AND GEOLOGY KESAVADASAPURAM, PATTAM, TRIVANDRUM-4. 3. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 TO R3 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27255/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER GO(MS)NO.19/2002 DATED 28/02/2002. EXT.P2: COPY OF THE LETTER AND REGISTRATION AS REGISTERED METAL CRUSHER UNIT FOR THE YEAR 2005-2006 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE NOTICE DATED 09/09/2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27255/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of March, 2010 J U D G M E N T This writ petition is filed by the petitioner challenging Ext.P3 by which the Geologist directed the petitioner to remit an amount of Rs.74,49,400/- within a period of 15 days on the ground that there is illegal extraction of granite (building stone) by the petitioner. 2. The petitioner herein is the Managing Partner of G.K.Granites, Kizhakkambalam. He is the holder of registered metal crusher unit for the production of metals of various sizes from granite building stone. He has already executed a quarrying lease with the Government. The Director of Mining and Geology granted registration to the petitioner's unit in Form-S under Section 48 of the Kerala Minor Mineral Concession Rules, 1967 also. Later, amendment has been to the Rules as per G.O.(Ms) No.19/2002 dated 28/02/2002 (Ext.P1). Thereafter, the registration of the petitioner has been renewed as per Ext.P2 and, finally, the same has been renewed upto 2009-2010. According to the petitioner, he is only liable to pay a consolidated royalty and there is no scope for any additional payment to the Mining Department. W.P.(C). No.27255/2009 -:2:- 3. This Court, while admitting the writ petition, granted a stay of Ext.P3, which is in force now. In the meanwhile, the petitioner has filed an appeal before the Director of Mining and Geology, dated 05/11/2009. The learned counsel for the petitioner further submitted that in the light of Circular No.8925/M3/2008, dated 20/05/2009, Ext.P3 cannot be supported. All these are matters for the appellate authority to consider. 4. There will be a direction to the third respondent to take a decision on the appeal filed by the petitioner challenging Ext.P3 within a period of three months after hearing the petitioner and after considering all the contentions including the one based on Circular No.8925/M3/2008, dated 20/05/2009. The interim order passed by this Court will continue till orders are passed and communicated to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms