IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 31081 of 2003(A) -------------------------- PETITIONER(S): --------------- THOMAS, AGED 54 YEARSM S/O.CHUMMAR, MUTTAMTHOTTIL HOUSE, MALAYATTOOR PO., ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. THE TAHSILDAR, ALUVA, ERNAKULAM DISTRICT. 2. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MININ AND GEOLOGY, CIVIL STATION, ERNAKULAM, KOCHI -30. BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED BEARING NO. 1611/97 STANDS IN THE NAME OF THE PETITIONER DATED 7.6.1997 EXT.P2 TRUE COPY OF PERMIT BEARING NO.1/98 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 22.6.98 EXT.P3 TRUE COPY OF THE LICENCE BEARING NO.1/99 ISSUED BY THE FIRST RESPONDENT DATED 19.1.99 TO THE PETITIONER. EXT.P4 TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER FOR EXTRACTING 100 MT OF GRANITE STONE BY THE 2ND RESPONDENT DATED 5.5.2003 EXT.P5 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 17.3.2003 EXT.P6 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 22.7.2003 INCLUDING THE ORDER NO. L.C. 2/2003 EXT.P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.3.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 31081 OF 2003 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT The order under challenge is the demand of cost and royalty charges for rock mined by the petitioner from the Government property. Transaction pertains to the year 2003. Since full details are not on record, in the normal course matter should be remanded for fresh adjudication. However, this Court suggested to the petitioner to come forward with some settlement and petitioner has agreed to pay maximum of Rs. 1 lakh after deducting the payment already made which is Rs. 35,000/-. I think the offer is quite reasonable. Accordingly, WPC is closed reducing the total liability to Rs. 1 lakh without interest. If petitioner has paid Rs. 35,000/- in terms of order dated 10.10.2003 then the balance will be payable in three equal monthly instalments of Rs. 20,000/-, Rs. 20,000/- and Rs. 25,000/- respectively, first of which will be paid on or before 31st of July,2009 and balance instalments on the last day of two succeeding months. I 2 make it clear that payment is ordered as above only for settlement of liability in full after waiving interest and other charges payable and if there is any default in payment of any of the instalments, reduction and waiver will stand automatically cancelled and respondents will be free to proceed for recovery of the entire amount including interest and other charges. (C.N. RAMACHANDRAN NAIR) Judge kk 3