IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 RP.No. 230 of 2009(G) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10564/2004 Dated 13/07/2007 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- SANDHAMMA,W/O.SASIDHARAN,VADAKKETHIL VEEDU,NENMENI MURI, MANDARATHURUTH VILLAGE, KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): RESPONDENTS -------------------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. TAHSILDAR, KUNNATHUR TALUK. 3. CHIEF EXECUTIVE OFFICER,MALAYA KARAHKA VIKASANA AGENCY,SAKTHIKULANGARA, KOLLAM. GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- R.P.No.230 of 2009 in W.P(C)No.10564 of 2004 ----------------------------------------- Dated this the 30th day of October, 2009 O R D E R Review petitioner is the writ petitioner. The challenge is on Ext.P6 order passed by the Tahsildar imposing royalty to the tune of Rs.1,40,380/- for removal of clay and sand. The writ petition was disposed of relegating the petitioner to pursue the appellate remedy, in view of the submission made by the learned Government Pleader. It is brought to the notice of this court that the appellate authority of the Tahsildar is the District Collector. But the said authority can exercise jurisdiction only in cases where the Tahsildar imposes royalty not exceeding Rs.1,000/-. It is also seen that in all other cases where royalty is above Rs.10,000/- it is the Director of Mining and Geology who is the competent authority. It is not very clear as to whether there is any other provision, since this court is not bestowed with sufficient information in that regard. Be that as it may, since the petitioner also challenges the very jurisdiction of the Tahsildar, it is only appropriate that the writ petition itself is heard on all R.P.No.230/2009 -:2:- points including the question of jurisdiction. Therefore, the review petition is allowed. The judgment dated 13-7-2007 in W.P(C)No.10564/2004 is recalled. Post the writ petition for hearing according to roster. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- R.P.No.230 of 2009 in W.P(C)No.10564 of 2004 ----------------------------------- O R D E R 30th October, 2009