IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 21540 of 2010(N) ------------------------------------------ PETITIONER(S): ------------------------- SUJA MICHAEL, W/O.MICHAEL, MANGATTAZHIKATHU VEEDU, KOTTAPURAM, KARALI JUNCTION P.O., WEST KALLADA, KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL, SRI.C.SINOY. RESPONDENT(S): -------------------------- THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, ASRAMAM P.O., KOLLAM-691 002. BY GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J. -------------------------------------- W.P.(C) No.21540 OF 2010 -------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner is aggrieved by Ext.P2 order passed by the Geologist demanding royalty and fine to the tune of Rs.2,19,800/-. 2. The petitioner is in possession and enjoyment of 0.71 Ares of property comprised in Re-Survey No.38/1 of West Kallada Village obtained by virtue of a partnership deed. 3. The petitioner received a notice on 1.4.2009 alleging that the petitioner has excavated sand from a property in Survey No.38/1 of West Kallada Village. According to the petitioner, Ext.P2 order has been passed, without considering his objections. It is pointed out that he is not the owner and is not in possession of the said property. 4. The learned Government Pleader submitted that the petitioner has got a remedy to prefer an appeal against Ext.P2. W.P.(C) No.21540/2010 2 If the petitioner files an appeal, within a period of three weeks, along with a petition for stay, the same will be entertained and a decision will be taken on merit, after hearing the petitioner. For enabling the petitioner to file an appeal and seek appropriate interim orders, the recovery proceedings, if any, initiated, will be kept in abeyance for a period of three weeks. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ps