IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 9447 of 2011(E) ------------------------- PETITIONER(S): --------------- ABDUL NAZAR PUTTEKKADAN S/O.ALAVI, PUTTEKKADAN HOUSE, KAKKATHADAM, PERUVALLUR AMSOM DESOM, P.O.PARAMBIL PEEDIKA, MALAPPURAM DISTRICT REP. THROUGH HIS P.A.HOLDER, CHOKLI ABDUL HAMEED, S/O.MUHAMMED HAJI, CHOANODUVIL HOUSE, PERUVALLUR AMSOM DESOM, P.O.PARAMBIL PEEDIKA, MALAPPURAMDIST BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------- 1. GEOLOGIST, MINING & GEOLOGY DEPARTMENT, MALAPPURAM DISTRICT OFFICE, MINI CIVIL STATION, MANJERI - 676 101. 2. THE JOINT SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM - 695001 3. THE SPECIAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM - 695001 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TIRURANGADI - 676 306. BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9447 OF 2011(F) -------------------------------------------------- Dated this the 25th day of March, 2011 J U D G M E N T Ext.P1 is a show cause notice issued by the first respondent alleging that the petitioner conducted illegal mining operations and that he should pay royalty and penalty mentioned therein. Petitioner filed Ext.P2 objections. However overruling the objections Ext.P3 order was issued. Aggrieved by Ext.P3 order petitioner filed Ext.P4 appeal and Ext.P5 stay petition which are pending consideration of the 3rd respondent. During the pendency of the appeal and stay petition, the 2nd respondent issued Ext.P7 revised order based on which revenue recovery proceedings now been initiated by Ext.P7. It is in these circumstances the writ petition is filed. 2. In my view the recovery at this stage is premature for the reason that the appeal and stay petition filed by the petitioner aggrieved by Ext.P3 are pending consideration of the 3rd respondent. 3. Therefore, I dispose of this writ petition directing that the 3rd respondent before whom Ext.P4 appeal is pending shall WPC.No. 9447/2011 :2 : consider the appeal with notice to the petitioner and as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment and it is directed that in the meanwhile Ext.P7 will be kept in abeyance Petitioner shall produce a copy of the judgment along with a copy of the writ petition before respondents 3 and 4 for compliance. (ANTONY DOMINIC) JUDGE vi/