IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 36724 of 2009(I) -------------------------- PETITIONER: --------------- PROJECT MANAGER, M/S.KMC CONSTRUCTIONS LIMITED, RIVER VIEW BUILDING, SOUTH CHALAKUDY, THRISSUR DISTRICT. BY MR.V.M.KRISHNAKUMAR, ADVOCATE SMT.P.A.ANITHA, ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA, REP.BY SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, SECRETARIATE, THIRUVANANTHAPURAM. 2. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, THRISSUR. BY MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36724 OF 2009 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T The petitioner herein is a premier construction company. The petitioner was awarded construction work for widening of National Highway 47 especially four lining of NH 47 from Mannuthy to Edappally. For the effective execution of the work, the petitioner had arranged land in Perambra village for setting up the main camp including quarry, crusher and other plants like hotmix plant, wet mix plant, concrete batching plant etc. The petitioner is having permission for quarry lease from the Director of Mining and Geology. The petitioner has also executed a lease deed with the owner of the land. 2. The petitioner is aggrieved by Exhibit P9 order passed by the Geologist whereby an amount of Rs.53,92,840/- is directed to be remitted to the Government towards royalty. The same is imposed on the ground that quarrying has been done without obtaining movement permit. W.P.(C) No.36724/2009 2 3. Challenging the same, the petitioner has filed Exhibit P10 styled as a revision before the Government itself. The main prayer in the writ petition is for a direction to the Government to take a decision on Exhibit P10. It is pointed out that the remedy of the petitioner is to file an appeal under Rule 49 of the Minor Mineral Concession Rules. Therefore, Exhibit P10 will be considered as an appeal and appropriate decision will be taken by the 1st respondent, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. If the petitioner files an application for stay before the Government, the same will also be considered without delay. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp