IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23427 of 2008(L) -------------------------- PETITIONERS: ------------ 1. K.G.MURALI, KOVATH VEEDU, CHERUVAL, PAZHAI P.O., THRISSUR. 2. P.K.ARAVINDAKSHAN, PULIKKAN VEEDU, THOTTIPPAL P.O., THRISSUR. 3. K.A.ANIL KUMAR, KOVATH VEEDU, CHERUVAL, PAZHAI P.O., THRISSUR. 4. V.D.SANTHOSH KUMAR, VADAKKUMTHALATH HOUSE, CHERUVAL, PAZHAI P.O., THRISSUR. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT: ------------- THE GEOLOGIST, THRISSUR. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 23427 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th August, 2008. J U D G M E N T The petitioners were served with Exts. P1 to P4 show cause notices directing them to show cause why large amounts mentioned therein should not be recovered from them as penalty and royalty for unauthorisedly mining clay from the properties in their possession. According to the petitioners, the mining alleged is from the properties of the petitioners themselves for which no royalty is liable to be paid. Taking this contention, the petitioners have filed Exts. P5 to P9 objections. The petitioners therefore seek a direction to the respondent to consider their objections and to take a just and reasonable decision in the matter. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondent to pass final orders pursuant to Exts. P1 to P4 after considering the objections of the petitioners, namely, Exts.P 5 to P9, as expeditiously as possible. While passing orders, the respondent shall particularly address himself to the question as to whether in respect of mining from the petitioners' own properties, any royalty is payable. Needless to say before passing final orders, no amount shall be recovered from the petitioners. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.