IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11855 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ BIJUKUMAR, THENGUVILAYIL VEEDU, KULAKKADA THAZHAM P.O., KOTTARAKKARA, KOLLAM. BY ADV. MR.ASOK M.CHERIAN, MR.S.KANNAN, SMT.S.RAKHEE. RESPONDENT(S): --------------------------- 1. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KOTTARAKKARA. 3. THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOLLAM. R1 TO R3 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11855 OF 2010 --------------------------------------- Dated this the 6th day of April, 2010. J U D G M E N T The petitioner was granted Exhibit P5 permit for mining brick clay. The petitioner is presently aggrieved by Exhibits P9, P10 and P15 whereby the petitioner is asked to remit royalty and fine of an amount of Rs.1,70,640/-. Proceedings have been issued on the premise that there had been excess mining of the clay than the permitted quantity. Exhibit P9 is the order passed by the Revenue Divisional Officer directing the petitioner to remit the additional amount of royalty. 2. Learned Government Pleader submitted that Exhibit P9 is an appealable order and the appeal will lie before the District Collector. If the petitioner files an appeal before the District Collector within a period of one month along with a copy of this judgment, the same will be considered and appropriate orders will be passed after hearing the petitioner within a further period of three W.P.(C) No.11855/2010 2 months. Till orders are passed in the appeal, further action for recovery will be kept in abeyance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp