IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 5123 of 2011(M) ------------------------- PETITIONER: --------------- KUNHATHUTY CHOLAYIL,W/O.ABOOBACKER, CHOLAYIL HOUSE, KARIKKATTUMANA, PULIPADAM.P.O., NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENTS: --------------- 1. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, MALAPPURAM DISTRICT, MALAPPURAM-676505. 2. THE VILLAGE OFFICER, PULIPADAM, NILAMBUR, MALAPPURAM DISTRICT-676505. 3. THE TAHSILDAR, NILAMBUR, MALAPPURAM DISTRICT-679329. 4. THE DISTRICT COLLECTOR, MALAPPURAM-676505. 5. THE JOINT SECRETARY, INDUSTRIES DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. BY SR.GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 5123 OF 2011 ......................................................................... Dated this the 22nd February , 2011 J U D G M E N T The petitioner is stated as aggrieved by the demand for satisfying the royalty in respect of the activity stated as pursued by the petitioner, which however is sought to be disputed on facts as well as in law. 2. The learned Counsel for the petitioner submits that the impugned orders, ie. Exts.P4 and P5 have already been subjected to challenge by filing Ext.P6 appeal along with Ext.P6 (a) petition for condoning the delay in filing the appeal and also Ext. P6(b) petition for stay. The grievance of the petitioner is that it is without any regard to the pendency of the above proceedings that Ext.P8 has been issued by the respondents with regard to coercive steps intended to be pursued. 3. Heard the learned Government Pleader as well 4. Considering the facts and circumstances, this Court does W.P.(C) No. 5123 OF 2011 2 not propose to go into the merits of the case for the time being. Accordingly, the writ petition is disposed of directing the fifth respondent to consider Ext.P6(a) petition for condonation of delay and Ext.P6(b) petition for stay, in accordance with law and pass appropriate orders, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the judgment . 'Status quo' shall be maintained till then. P.R. RAMACHANDRA MENON, JUDGE. lk