Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 WP(C) NO.30596 OF 2023 PETITIONER: JAISON JACOB, AGED 47 YEARS S/O.JACOB, NEDUMKALLEL HOUSE, ODACKACITY, KOOMBANPARA, VELLATHOOVAL, IDUKKI DISTRICT, PIN - 685561 BY ADVS. K.R.VINOD M.S.LETHA NABIL KHADER MOHAMMED RAZALI K.A RESPONDENTS: 1 THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT, IDUKKI DISTRICT, MINI CIVIL STATION, THODUPUZHA, PIN - 685584 2 THE TAHSILDAR DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613 3 THE SECRETARY ADIMALY GRAMA PANCHAYATH, IDUKKI DISTRICT, PIN - 685561 BY SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.30596 of 2023 2
JUDGMENT
The petitioner was issued with Ext.P2 permit to remove soil from his property comprised in Survey NoS.503/3-1-1-8, 503/3-1-8 & 503/3-1-1-6 of Block No.5 of Mannamkandam Village, Devikulam Taluk for the purpose of construction of a residential building. Alleging that the petitioner has extracted soil beyond the quantity permitted, the 1st respondent issued Ext.P3 show-cause notice. The petitioner states that he could not submit any reply to Ext.P3 show-cause notice since he had to take care of his father-in-law, who was ailing at the relevant time. The 1st respondent, thereafter, issued Ext.P4 notice directing the petitioner to pay an amount of Rs.8,83,332/- and compounding fees for the excess quantity of soil excavated and removed. The petitioner submitted Ext.P5 WP(C) No.30596 of 2023 3 representation before the 1st respondent stating that the petitioner has not removed the excess quantity of soil as alleged and also requested that he may be exempted from paying the royalty. The prayer of the petitioner in this writ petition is for a direction to the 1st respondent to consider Ext.P5 before taking a final decision on Exts.P3 & P4.
2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
3. Since Exts.P3 & P4 entail civil and penal
consequences to the petitioner, the 1st respondent shall afford an opportunity of hearing to the petitioner before finalising the proceedings pursuant to Exts.P3 & P4 notices. Ext.P4 shall be treated as a notice. The petitioner has already WP(C) No.30596 of 2023 4 submitted Ext.P5 reply to the same.
4. The petitioner shall appear before the 1st
respondent on 06.11.2023 for personal hearing and the 1st respondent shall hear the petitioner on the said date or on any deferred date, that may be fixed by the 1st respondent, with intimation to the petitioner. Till orders are passed pursuant to Exts.P3 & P4, there shall not be any coercive steps against the petitioner. The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/31/10/2023 WP(C) No.30596 of 2023 5 APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 THE COPY OF THE BUILDING PERMIT ISSUED IN FAVOUR OF THE PETITIONER BY THE 3 RD RESPONDENT EXHIBIT P2 THE COPY OF THE PERMIT ISSUED BY THE 1 ST PETITIONER DATED 24.04.2023 TO REMOVE THE SOIL FROM THE PROPERTY OF THE PETITIONER EXHIBIT P3 THE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 1 ST RESPONDENT DATED 09.06.2023 EXHIBIT 4 THE COPY OF THE NOTICE DATED 26.07.2023 ISSUED BY THE 1 ST RESPONDENT EXHIBIT P5 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 17.08.2023