IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 36469 of 2010(G) --------------------------------------- PETITIONER: ------------------- KUNHATHUTTY CHOLAYIL, W/O.ABOOBACKER, CHOLAYIL HOUSE, KARIKKATTUMANA, PULIPADAM P.O., NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN. RESPONDENTS: ------------------------ 1. THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT, MALAPPURAM DISTRICT, MALAPPURAM- 676 505. 2. THE VILLAGE OFFICER, PULIPADAM, NILAMBUR, MALAPPURAM DISTRICT- 679 329. 3. THE TAHSILDAR, NILAMBUR, MALAPPURAM DISTRICT – 679 329. 4. THE DISTRICT COLLECTOR, MALAPPURAM - 676 505. *ADDL. R5 IMPLEADED: 5. THE JOINT SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. *ADDL.R5 IS IMPLEADED AS PER ORDER DATED 17/01/2011 IN I.A. NO. 819/2011. R1 TO R4 & ADDL.R5 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J ---------------------------------------------------- W.P.(C) NO.36469 OF 2010(G) -------------------------------------------------- Dated this the 17th day of January, 2011 J U D G M E N T On the basis of Ext.P2 permit petitioner removed river sand. Subsequently, petitioner was issued Ext.P4 notice calling upon him to remit royalty mentioned therein. This was followed by Ext.P5 order dated 11.11.09, directing remittance of the amount which was followed by Ext.P6 revenue recovery notice for realizing the amount mentioned in Ext.P5. It is challenging Exts.P5 and P6 that this writ petition is filed. 2. During the pendency of the writ petition, petitioner has filed Ext.P7 appeal against Ext.P5, along with Exts.P7 (a) and P7 (b) petitions for condoning the delay in filing the appeal and for staying recovery on the basis of Ext.P5. These applications are pending before the additional 5th respondent. Now the petitioner confines his prayer for a direction to the 5th respondent to consider and pass orders on Ext.P7(a) and for a direction that depending upon the order on that application, Ext.P7 appeal be /2/ considered. Taking note of the above and having regard to the fact that Ext.P7 is a statutory appeal, the writ petition is disposed of with the following directions. i. On the production of a copy of this judgment the 5th respondent will consider Ext.P7(a) application made by the petitioner for condoning the delay in filing the appeal. It is ordered that in case the decision is to condone the delay as sought for by the petitioner, the appeal will be heard with notice to him. The appellate authority shall consider the appeal as expeditiously as possible and at any rate within 3 months thereafter. Petitioner shall produce a copy of the judgment along with a copy of the writ petition and a copy of the I.A.No.819/2011 before the addl. 5th respondent for compliance. (ANTONY DOMINIC) JUDGE vi/