IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 7736 of 2001(U) ---------------------- PETITIONER: ------------ THEKKUNNAN YAHU, S/O.RAYINKUTTY, THEEKKUNNAN HOUSE, PARAPPUR P.O., KOTTAKKAL VIA. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE MALAPPURAM AT MANJERI. BY G.P. SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.12636/2001 IN OP NO.7736/2001 DISMISSED: 4.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE RELEVANT PORTION OF THE PARTITION DEED DT.29.5.98 EXECUTED IN BETWEEN THE LEGAL HEIRS OF RAYANKUTTY. P2: TRUE COPY OF COMMUNICATION ISSUED BY R2 DT.31.1.2001. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.7736 of 2001 .................................................................... Dated this the 4th day of January, 2008. JUDGMENT The petitioner is challenging Ext.P2 whereunder the petitioner is directed to pay royalty, value of the laterite stones cut and sold and penalty totaling Rs.2,09,820/-. According to the petitioner, laterite stones are excavated from the land belonging to him for the purpose of construction of house. Government Pleader on the other hand submitted that on physical verification second respondent noticed extraction of laterite stones of the quantity of 308 cubic metres and measurements of the pits seen in the property of the petitioners are also given by the Government Pleader. Going by the details, it is obvious that petitioner made commercial exploitation of the laterite stones because the requirement for petitioner's house construction was stated to be only 1000 laterite stones. Since commercial exploitation is self-evident from the quantity mined, the petitioner is liable to pay royalty. However, I find no justification for the respondents to demand cost of the laterite stones. Similarly if the petitioner pays the royalty in time, there is no justification to recover penalty also. In the circumstances, O.P. is partly allowed quashing the demand of value of 2 laterite stones and penalty, but upholding the demand of royalty. The petitioner is granted two weeks time from the date of receipt of copy of this judgment to remit royalty amount with interest thereon. However, if petitioner does not make payment voluntarily, penalty of Rs.5,000/- levied can also be recovered along with royalty and interest. C.N.RAMACHANDRAN NAIR Judge pms