IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 2996 of 2005(F) ------------------------- PETITIONER: ------------ R.SASIDHARAN PILLAI, AMBOLETHU THAKADY, VETTIYARMURI, VETTIYAR, ALLEPPEY DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.R.PADMAKUMAR SRI.K.B.ARUNKUMAR RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, ALLEPPEY. 2. SUB COLLECTOR, REVENUE DIVISIONAL OFFICE, CHENGANNOOR. 3. VILLAGE OFFICER, VETTIYAR. BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.2996/2005 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE NOTICE NO.14/04 SENT BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P2 : TRUE COPY OF THE NOTICE DT. 8.11.2004 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3 : TRUE COPY OF THE EXPLANATION LETTER DT. 24.11.2004 SUBMITTED BY THE PETITIONER. EXT.P4 : TRUE COPY OF THE NOTICE DT. 18.12.2004 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.2996 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T Petitioner is challenging recovery proceedings for recovery of royalty of Rs.25,400/-. Even though the writ petition is pending for the last three years, no statement or counter affidavit is filed by the respondents. Petitioner is entitled to a detailed order determining royalty before the amount is recovered from the petitioner. The writ petition is disposed of directing the concerned respondent to issue notice giving the basis for determination of royalty, such as quantity mined, rate payable, etc., give opportunity to the petitioner to file objections and complete adjudication within two months from today. Petitioner will produce a copy of this judgment before the concerned respondent for compliance. If the Geologist is the authority to determine royalty, third respondent will refer the file to the Geologist for completion of adjudication as above. Respondents are free to proceed for recovery only after serving proper WP(C) NO.2996/05 2 adjudication order on the petitioner and after giving time to the petitioner to make payment. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.2996 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.