IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 10133 of 2005(F) -------------------------- PETITIONER: ------------ S.BHARGAVAN PILLAI, MANGALAPALLIL, VETTIYAR VILLAGE, MAVELIKKARA. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENTS: ------------- 1. THE SUB COLLECTOR, CHENGANNOOR. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, MAVELIKKARA. 3. THE VILLAGE OFFICER, VETTIYAR VILLAGE, MAVELIKKARA. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE OBJECTION DATED 4.5.2004 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE NOTICE DATED 23.2.2005 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10133 OF 2005 -------------------------------------------- Dated this the 17th day of July, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of royalty of Rs. 30,000/- for unauthorised removal of clay from the petitioner's property. According to the petitioner, petitioner has only levelled his land and has not removed any soil from his property. In a similar case, W.P.C.No. 11639 of 2005, this Court held that before initiation of recovery, proper adjudication has to be completed and royalty can be demanded under the Mineral Concessional Rules only by the adjudicating authority, namely, Geologist. It is not known whether the Sub Collector is also given authority to adjudicate royalty or whether he can take action under the Land Conservancy Act or Land Utilisation Order. In any case, W.P. is disposed of directing the first respondent to issue notice proposing adjudication with specific reference to statutory provisions, i.e., the Rule under which demand is payable, and the data based on which petitioner is liable to pay royalty, give opportunity to the petitioner to file his objections and for hearing 2 and issue adjudication order within three months from the date of production of a copy of this judgment. If Sub Collector is not the authority to pass orders, then the available records will be sent to Geologist who will pass adjudication order after issuing notice, giving opportunity to the petitioner to file objections and after hearing the petitioner within the period stated above. Respondents 2 and 3 are directed to withhold recovery proceedings for four months from now, and recovery thereafter will be based on the order of the Sub Collector or Geologist as the case may be. If petitioner is not liable to pay any amount, then recovery proceedings will be recalled by the authority which issued it. (C.N. RAMACHANDRAN NAIR) Judge kk 3