IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 32678 of 2008(M) ------------------------------------------------ PETITIONER(S): ---------------------- P.K.KURIAKOSE, PAZHEMADAM HOUSE, PADINJAREKARA P.O., VAIKOM , KOTTAYAM DIST. BY ADV. SRI.J.JULIAN XAVIER SMT.M.S.SOUJATH RESPONDENT(S): ------------------------- 1. DEPUTY TAHSILDAR, (REVENUE RECOVERY), VAIKOM. 2. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, COLLECTORATE P.O., KOTTAYAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 32678 OF 2008 M -------------------------------------- Dated this the 18th November, 2008 JUDGMENT I heard the learned counsel appearing for the petitioner and the learned Government Pleader. By consent, the matter is taken up for hearing. 2. Petitioner challenges Exts.P2 and P3. Petitioner was granted Ext.P1 Quarrying Permit for mining ordinary sand by the Department of Mining and Geology. Clause 16 thereof provides that all escavations have to be immediately back filled and reclaimed. Apparently, on the basis that the petitioner had not complied with the said clause, Ext.P2 has been issued calling upon him to pay a sum of Rs.10,24,845/=. Ext.P3 demand notice is also issued on the lines of Ext.P2. Complaint of the petitioner is that he was not heard before Ext.P2 was issued. Learned Government Pleader, in fact, would submit that a learned Single Judge of this Court has in similar circumstances quashed the proceedings on the ground that opportunity was not WPC. 32678/08 M 2 afforded to the party. I follow the said Judgment in W.P.(C). No.23969/08 and Ext.P2 is quashed. Ext.P3 being consequential to Ext.P2 will also not be enforced. The second respondent will take a decision in the matter in accordance with law, after affording an opportunity of hearing to the petitioner. In order to facilitate an early disposal of the matter, petitioner will be present before the second respondent on 28.11.2008 at 11 A.M. and the second respondent will take a decision in the matter in accordance with law, within a period of two weeks thereafter. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge