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. 7739 of 2010(N) ------------------------- PETITIONER: --------------- KHADEEJA, W/O. LATE PUTHEKKADAN PARI HAJI, RESIDING AT PUTHEKKADAN HOUSE, THIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.G.ANIL BABU SRI.CYRIAC KURIAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM, COLLECTORATE, MALAPPURAM P.O., MALAPPURAM DISTRICT. 2. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, MINI CIVIL STATION, MANJERI, MANJERI P.O., MALAPPURAM DISTRICT. 3. THE TAHSILDAR, TIRURANGADI, CHEMMAD P.O., MALAPPURAM DISTRICT. 4. THE VILLAGE OFFICER, PERUVALLOOR VILLAGE, PARAMBIL PEEDIKA P.O., MALAPPURAM DISTRICT. 5. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), TALUK OFFICE, TIRURANGADI, MALAPPURAM DISTRICT. GOVERNMENT PLEADER: SRI P N SANTHOSH FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)No.7739 of 2010 --------------------------------------------- Dated this the 6th day of April, 2010 JUDGMENT The petitioner is aggrieved by Exts.P2, P3, P6 and P7 wherein recovery steps were initiated for non payment of royalty amount. It is the case of the petitioner that the petitioner's late husband obtained right over 40 cents of land in Survey No.128/02. Before his death, he had been extracting laterite rock from his land. 2. The petitioner was served with Exts.P2 and P3 notices but could not effectively submit any objection. Now the petitioner is directed to remit an amount of Rs.9.18 lakhs towards royalty and fine etc. 3. It is submitted that the petitioner has not received copy of any order of assessment. The learned Government Pleader has filed a statement along with Ext.R2(A) a copy of the order of District Geologist, Mining & Geology Department, Malappuram dated 27/7/2009, showing the assessment. 4. In the light of the above, the learned counsel for the petitioner submitted that the petitioner will file an appeal before the Appellate Authority and time may be granted to file WPC.No.7739/2010 : 2 : an appeal. If the petitioner files an appeal against Ext.R2(A) order within a period of three weeks along with a copy of this judgment, the appeal will be considered on merits by the Appellate Authority as expeditiously as possible. It is upto the petitioner to seek for an interim order against recovery proceedings and if such an application is filed the appellate authority will consider the same and pass orders. 5. Therefore, the proceedings for recovery, if any, will be kept in abeyance for a period of six weeks for enabling the petitioner to move the appellate authority for passing appropriate interim order in the matter. The writ petition is accordingly disposed of. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) skj