IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 2288 of 2010(I) -------------------------------------- PETITIONER(S): ------------------------ SHUKKOOR RAWTHER, AGED 54 YEARS, S/O.MOSSAKUNJU RAWTHER,PAZHMMOODU VEEDU, MUTHAYIL, MANKODE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADVS. MR.C.S.MANU, MR.S.K.PREMRAJ, MR.ABHILASH AKBAR, MR.T.B.SIVAPRASAD, SMT.SUMEY CHANDRAN, MR.V.S.PREJITH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SERCRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE,GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. 2. JOINT SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. TAHSILDAR, KOTTARAKKARA TALUK, KOTTARAKKARA. 5. VILLAGE OFFICER, MANCODE VILLAGE, KOTTARAKKARA TALUK, KOLLAM. 6. DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 7. THE GEOLOGIST, DISTRICT OFFICE, MINING & GEOLOGY, KOLLAM. R1 TO R7 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.2288 OF 2010 --------------------------------------- Dated this the 25th day of January, 2010. J U D G M E N T The petitioner is aggrieved by the proceedings initiated under the Kerala Revenue Recovery Act to enforce the liability shown in Exhibit P1 order dated 30.05.2008 by the Geologist. Going by Exhibit P1, an amount of Rs.79,400/- has been imposed towards royalty and penalty. 2. The petitioner contends that he is no way liable to remit any portion of the amount. It is also stated that the property stands in the name of his mother. Exhibit P4 is the appeal filed by the petitioner along with delay petition before the 2nd respondent. 3. Learned counsel for the petitioner submitted that the petitioner has already filed Exhibit P5 stay petition in the matter. Exhibit P7 is the notice issued under the Kerala Revenue Recovery Act for attaching the property shown therein. W.P.(C) No.2288/2010 2 Since Exhibit P5 stay petition is said to be still pending, there will be a direction to the 2nd respondent to take a decision on the same within a period of three weeks from the date of production of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp