IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 31374 of 2008(I) -------------------------- PETITIONER(S): --------------- C.G.NARAYANAN, CHAKKUNGATHODIYIL, PAZHAYI P.O., PUTHUKKAD, THRISSUR 680 301. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. 2. STATE REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31374/2008 -------------------- Dated this the 15th day of December, 2008 JUDGMENT Petitioner was issued Ext.P1 mining permit entitling him to remove clay from the property mentioned therein and subject to the conditions prescribed therein. According to the respondents, petitioner removed clay in excess of the permissible quantity. Therefore, a notice was issued as Ext.P3 pursuant to a local inspection conducted by the first respondent. Petitioner submitted Ext.P5 reply. It was met with Ext.P6 which is styled as a notice of demand. It is this which has been challenged in the writ petition. 2. A statement has been filed by the first respondent affirming that there was a local inspection in the site before the issuance of the quarrying permit and when there was a complaint regarding violation of the permit conditions, inspection was conducted and hence, proceedings were taken for recovery of appropriate amount of royalty. W.P.(C).31374/2008 2 3. In my view, since there is an allegation that there has been excessive removal of clay, it is appropriate that a reasoned order be passed dealing with the petitioner's objections. 4. Accordingly, writ petition is disposed of directing the first respondent to hear the petitioner on his objections contained in Ext.P5 and pass a fresh order dealing with all such objections, which have been preferred in relation to Ext.P3. Such order shall be passed within two months from the date of receipt of a copy of this judgment. Enforcement of Exts.P6 and P7 shall be kept in abeyance till such orders are passed and thereafter, abide by the orders to be passed by the first respondent. V.GIRI, Judge mrcs