IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24182 of 2010(W) -------------------------- PETITIONER: --------------- P.C.AUGUSTINE, S/O.CHACKO, AGED 53 YEARS, PADINJAREKKATTU HOUSE, MEVELLOOR.PO, VELLOOR VILLAGE, VAIKKOM TALUK. BY ADV. MR. GEORGE SEBASTIAN RESPONDENTS: --------------- 1. THE GEOLOGIST, DISTRICT OFFICE, THE MINIG & GEOLOGY, KOTTAYAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE TAHSILDAR, VAIKKOM. 4. THE DEPUTY TAHSILDAR(RR),VAIKKOM,. 5. THE VILLAGE OFFICER, VELLOOR. BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 24182 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 12th day of August, 2010 JUDGMENT The petitioner has approached this Court with the following prayers : I. To issue a Writ of Certiorari calling for the originals of Exts. P2, P3,P6 and P7 and to quash the same. ii. To declare that the petitioner cannot be proceeded against under the provisions of Revenue Recovery Act unless and until it is found on the basis of the inspection in pursuance of Ext. P8 that the petitioner is liable to refill any portion of the pits developed on account of the quarrying operations done by him. iii. To issue a Writ of Mandamus order or direction to respondents not to enforce Exhibit P6 till a decision is taken in pursuance of the inspection to be carried out on the basis of Ext. P8 with notice to the petitioner. iv. To grant such other reliefs as this Honourable Court deem fit. 2. The learned counsel for the petitioner submits that, the first respondent has already issued Ext. P8 to the 5th respondent to conduct a site inspection and to ascertain whether any pits are left over and to pursue the matter accordingly. This being the position, it is stated that, there is absolutely no objection for the petitioner, for conducting any inspection to ascertain the position and if any remaining pits are pointed out, the petitioner is ready to comply with the remedial W.P. (C) No. 24182 of 2010 : 2 : measures within a reasonable time, submits the learned counsel for the petitioner. 3. The learned Government Pleader submits that, the property is lying as a continuous and contiguous block, with other properties, where also some pits are there and steps are being taken to demarcate the property to implement Ext. P8 4. Considering the facts and circumstances, this Court does not propose to go into the merits of the case and the respondents are directed to finalize the proceedings with regard to the demarcation of the boundaries and also give effect to Ext. P8 at the earliest. The inspection pursuant to Ext. P8 shall be conducted with prior notice to the petitioner and the proceedings in this regard shall be finalized within a period of 'two months' from the date of receipt of a copy of this judgment . The outcome shall be let known to the petitioner; on which event, it will be for the petitioner to comply with the requirements, if any within a further period of one month thereafter. It is made clear that, further recovery proceedings pursuant to Exts. P2, P3 and P6 shall be kept in abeyance for the time being subject to the outcome of the proceedings as above. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd