IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20040 of 2008(I) -------------------------- PETITIONERS: --------------- 1. RAMAN, S/O. KUMARAN, AGED 50, KUTTASSERY HOUSE, KARUVANNUR, THRISSUR DT. 2. DHANYAN, S/O. UNNI, AGED 48, VALLATH HOUSE, KARUVANNUR, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: 1 ------------------ GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THRISSUR. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.20040 OF 2008 ---------------------------------------- Dated this the 3rd day of July, 2008 JUDGMENT The petitioners are aggrieved by Exts.P1 and P2 orders of the respondent, whereby the petitioners have been directed to pay royalty in respect of the clay removed by them from their property. The contention raised by the petitioners is that no royalty is payable for removal of clay from their property in so far as the Government has no right over the property in question. Detailing this, the petitioners have filed Ext.P3 representation before the respondent. The petitioners would contend that in Exts.P1 and P2 themselves, the petitioners have been directed to file objections to the proposals contained in Exts.P1 and P2 and therefore the respondent is bound to consider Ext.P3 and pass final orders in the matter. 2. I have heard the learned Government Pleader also. Now that pursuant to Exts.P1 and P2, Ext.P3 objections have been filed by the petitioners, the respondent shall consider Ext.P3 and pass fresh orders after affording an opportunity of W.P.(c)no.20040/08 2 being heard to the petitioners. This the respondent shall do as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Needless to say, till final orders are passed, the proposals contained in Exts.P1 and P2 shall not be implemented. The petitioners shall forward a certified copy of this judgment along with a copy of the writ petition to the respondent for compliance. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)no.20040/08 3