IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 22312 of 2010(L) -------------------------- PETITIONER: --------------- MANAGING PARTNER, FEROKE CLAYS & TILES, KATTUMUNDA, NADUVATH, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. MR. K.M.SATHYANATHA MENON RESPONDENTS: --------------- 1. GEOLOGIST, MINING AND GEOLOGY, MINI CIVIL STATION, MANJERI, DISTRICT OFFICE, MALAPPURAM DISTRICT 676 121. 2. DIRECTOR, MINING AND GEOLOGY, THIRUVANANTHAPURAM 695 001. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM 695 001. BY GOVERNMENT PLEADER BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22312 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 5th day of August, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: i. issue a writ of certiorari or other appropriate writ, order or direction, calling the original of Exts. P8 & P10 and quash the same; ii. issue a writ of mandamus or any other appropriate writ order or direction, directing the second respondent to declare that Exts. P1 and P3 notices were mad unanimously and without providing an opportunity to the petitioner and hence the demand made as per Exts. P8 and P10 were unsustainable and declared as illegal. and iii. issue such other appropriate writ or order or further relief as deemed fit and proper by this Honourable Court on the facts and circumstances of the case. 2. Heard the Government Pleader as well, who submits, on instructions, that, pursuant to Ext. P10 notice issued by the first respondent, the petitioner has preferred Ext. P11 statement of objections, which is pending consideration before the first respondent. 3. In the above circumstances, the first respondent is directed to consider and pass appropriate orders pursuant to Ext. P10, of course W.P. (C) No. 22312 of 2010 : 2 : considering Ext. P11 statement of objections, and after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month, from the date of receipt of a copy of this judgment. It is made clear that, till such appropriate orders are passed as above, the recovery proceedings stated as being pursued against the petitioner in the meanwhile, shall be kept in abeyance. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd