IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 23706 of 2008(V) -------------------------- PETITIONER: ------------ K.RAMACHANDRAN NAIR, MUNDAYKAL HOUSE, KULAKKADA EAST P.O., KOTTARAKKARA. BY ADV. SRI.ASOK M.CHERIAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO ITS GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, TALUK OFFICE, PATHANAPURAM. 3. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOLLAM. 4. ADDITIONAL SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE REVENUE DIVISIONAL OFFICER, KOLLAM. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 23706 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th September, 2008. J U D G M E N T The petitioner has been proceeded against for violation of the provisions of the Kerala Minor Mineral Concession Rules, which ended in Ext. P3 order directing the petitioner to pay an amount of Rs. 2,24,388/- towards royalty, value of the mineral, fine and tax. The petitioner challenged the same by filing Ext. P4 appeal before the Government. While that appeal was pending, the Tahsildar initiated proceedings under the Kerala Land Conservancy Act and directed the petitioner to pay an amount of Rs. 2,56,500/-. The petitioner claims to have filed Ext. P6 appeal before the Revenue Divisional Officer against the same. 2. Learned Government Pleader, on instructions, submits that Ext. P6 appeal has not been received. He also submits that going by the date shown in Ext. P6, the same has been filed out of time. 3. Learned counsel for the petitioner submits that even assuming that appeal has not been filed or it is out of time, even then the two authorities under different statutes cannot proceed against the petitioner in respect of the same action on identical charges. 4. I am not inclined to go into the disputed questions of fact and law now in so far as Ext. P4 appeal is pending before the Government. I am of opinion that before proceeding further under the Land Conservancy Act, Ext. P4 appeal has to be disposed of. Accordingly, I direct the 4th respondent to consider and pass orders on Ext. P4 appeal as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. In the meantime, the petitioner may pursue appropriate reliefs by way of appeal or otherwise against Ext. P5 order in accordance with law. However, the petitioner shall pay an amount of Rs. 80,000/- covered by Ext. P5 order towards restoration of the property to its original W.P.C. No. 23706/08. -: 2 :- state. Until disposal of Ext. P4 appeal, further proceedings pursuant to Exts. P3 and P5 orders shall be kept in abeyance on the above conditions. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.