IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 34502 of 2009(G) ------------------------- PETITIONER : --------------------- K.RAMACHANDRAN NAIR, MUNDAYKAL HOUSE, KULAKKADA EAST P.O., KOTTARAKKARA. BY ADVS. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO ITS GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, 2. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, PATHANAPURAM. 3. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOLLAM. 4. ADDITIONALSECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM, 5. THE REVENUE DIVISIONAL OFFICER, KOLLAM. *ADDL. R6 IMPLEADED *6. THE DISTRICT COLLECTOR, KOLLAM. *ADDL.R6 IMPLEADED AUO MOTU AS PER ORDER DATED 22.9.2010 IN THE WP(C). R1 TO R6 BY GOVERNMENT PLEADER SRI. T.K. ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOSTAT COPY OF THE QUARRYING PERMIT GRANTED TO THE 3RD RESPONDENT TO PETITIONER, DATED 2-1-2007. EXT.P2 : COPY OF THE PERMIT GRANTED BY THE 3RD RESPONDENT DATED 2-2-2007. EXT.P3 : COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT, DATED 18-6-2007. EXT.P4 : COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT, DATED 24-7-2007. EXT.P5 : COPY OF THE ORDER ISSUED BY 2ND RESPONDENT DATED 11-7-2007. EXT.P6 : COPY OF THE APPEAL SUBMITTED BY THE PETITIONER ALONG WITH OTHER OWNERS OF LAND IN SY.NO.3212/1, BEFORE 5TH RESPONDENT, DATED 17-5-2008. EXT.P7 : COPY OF THE JUDGMENT DATED 5-9-2008 IN WRIT PETITION (CIVIL) NO. 23706/08. EXT.P8 : COPY OF THE ORDER DATED 22-12-2008 OF THE 4TH RESPONDENT IN EXHIBIT P4 APPEAL. EXT.P9 : COPY OF THE LETTER DATED 8-8-2009 OF THE 2ND RESPONDENT ADDRESSED TO THE DISTRICT COLLECTOR, KOLLAM. EXT.P10 COPY OF THE LETTER OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT DATED 29-7-2009. EXT.P11 COPY OF THE LETTER DATED 1-10-2010 OF THE 3RD RESPONDENT ADDRESSED TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R6(a) : COPY OF THE FRESH DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 34502 of 2009 G ``````````````````````````````````````````````````````` Dated this the 24th day of January, 2011 J U D G M E N T Petitioner approached this Court challenging Ext.P9, wherein he was called upon to remit seigneorage for the brick clay that was removed from the property. During the pendency of the writ petition, rate of seigneorage has been intimated to the third respondent as per Ext.P11 communication of the Senior Geologist. Petitioner does not now dispute the liability and on the other hand, he submits that, once the third respondent accepts the rate as indicated in Ext.P3 and informs the actual amount payable, the amount due will be paid. 2. Now that such a submission has been made by the learned counsel for the petitioner, all that is required is on the production of a copy of this judgment, the third respondent will accept the seigneorage rate as mentioned in Ext.P11 and permit the petitioner to remit the amount due therein. Ordered W.P.(C) No.34502/2009 : 2 : accordingly. 3. Petitioner shall produce a copy of this judgment and writ petition before the third respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge