IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP.No. 3628 of 2003(F) ---------------------- PETITIONER: ------------ RAJALAKSHMI, W/O. VASUKUTTAN NAIR, ELANJIKKAVU PUTHENPURAYIL, ONAMTHURUTHU VILLAGE, NEENDOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: ------------- 1. THE DIRECTOR, MINING & GEOLOGY DORECTORATE OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 2. THE GEOLOGIST, DISTRICT OFFICE, KOTTAYAM. 3. THE TAHSILDAR (REVENUE RECOVERY) KOTTAYAM. BY GOVERNMENT PLEADER SMT. SUDHA DEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 6328 OF 2003 IN OP 3628 OF 2003 DISMISSED. 29.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION DATED 5.1.1998 BY THE PETITIONER. EXT.P2 TRUE COPY OF THE CHALAN EVIDENCING PAYMENT OF RS. 1000/- EXT.P3 TRUE COPY OF THE PROCEEDINGS OF RDO DATED 17.2.1998 EXT.P4 TRUE COPY OF THE LETTER DATED 7.12.1999 BY THE GEOLOGIST. EXT.P5 TRUE COPY OF THE PETITION DATED 7.3.2001 BY THE PETITIONER'S HUSBAND TO THE DISTRICT COLLECTOR. EXT.P6 TRUE COPY OF THE LETTER DATED 9.3.2001 BY THE GEOLOGIST. EXT.P7 TRUE COPY OF THEREVIEW PETITION AND THE STAY PETITION DATED 9.3.2001 BY THE PETITIONER'S HUSBAND. EXT.P8 TRUE COPY OF THE ORDER OF STAY DATED 13.3.2001 BY THE 2ND RESPONDENT. EXT.P9 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 30.3.2001 EXT.P10 TRUE COPY OF THE ORDER DATED 7.5.2001 BY THE 2ND RESPONDENT. EXT.P11 TRUE COPY OF THE LETTER DATED 8.1.2003 BY THE GEOLOGIST. EXT.P12 TRUE COPY OF THE LETTER DATED 8.1.2003 FROM THE DIRECTOR OF MINING AND GEOLOGY. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 3628 OF 2003 -------------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT Heard counsel for the petitioner and Government Pleader. Petitioner is challenging recovery proceedings for recovery of Rs. 1,65,000/- towards royalty and fine for mining laterite stones from the petitioner's property without payment of royalty. According to the petitioner, petitioner has mainly removed top soil of five feet height to level the property which was otherwise very high. However, Government Pleader relied on the inspection report prepared by the Assistant Geologist after conducting local inspection wherein he found that petitioner has massively mined laterite stones from her property which is 2.25 acres. However, on going through the inspection report, it is seen that dimensions of the mine noticed by the Assistant Geologist are not mentioned. But he has fairly stated that since the land is at a height he could not make any precise estimate of the quantity mined unauthorisedly. The estimate of the quantity by Assistant Geologist is as high as 4000 cu.metres. For the reasons stated 2 in the inspection report, a remand for reinspection may not serve any purpose. However, substantial mining is proved beyond doubt through the inspection report. Since petitioner has admittedly paid Rs. 1000/- towards royalty for mining 125 tonnes under licence obtained by her, I feel reduction in royalty is called for so that remand could be avoided for the sake of finality. O.P. is accordingly disposed of reducing the royalty payable by the petitioner to Rs. 50,000/-. If the petitioner makes payment on or before 30.5.2008, I feel penalty or interest can also be waived. There will be direction to the petitioner to make payment of Rs. 50,000/- on or before 30.5.2008. However if the petitioner does not make payment as above, reduction granted will apply only to royalty, and petitioner will be liable to pay penalty for the proportionate amount sustained by this Court. Besides interest is also payable in accordance with statute if payment is not made before 30.5.2008. (C.N. RAMACHANDRAN NAIR) Judge kk 3