IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 11639 of 2005(I) -------------------------- PETITIONER: ------------ M.V.NARAYANA PILLAI, MANGALAPALLIL, VISAKH, KOCHALUMOODE, VETTIYAR VILLAGE, MAVELIKKARA. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENTS: ------------- 1. THE SUB COLLECTOR, CHENGANNOOR. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY TALUK OFFICE, MAVELIKKARA. 3. THE VILLAGE OFFICER, VETTIYAR VILLAGE, MAVELIKKARA. BY G.P. SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE DATED 23.2.2005 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 11639 OF 2005 -------------------------------------------- Dated this the 9th day of January, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of royalty of Rs. 25,400/-. Even though O.P. is pending for the last two years, no statement or counter affidavit is filed by the respondents. Petitioner is entitled to a detailed order determining royalty before the amount is recovered from the petitioner. W.P. is disposed of directing the concerned respondent to issue notice giving the basis for determination of royalty, such as quantity mined, rate payable, etc., give opportunity to the petitioner to file objections and complete adjudication within two months from now. Petitioner will produce copy of this judgment before the concerned respondent for compliance. If the Geologist is the authority to determine royalty, second respondent will refer the file to the Geologist for completion of adjudication as above. Respondents are free to proceed for recovery only after serving proper adjudication order on the petitioner and after giving time to the petitioner to make payment. (C.N. RAMACHANDRAN NAIR) Judge 2