WP(C) NOS.35343 & 43017 OF 2024 1 2025:KER:20065 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 35343 OF 2024 PETITIONER: UNNIKUTTAN.P AGED 31 YEARS S/O PRASANNAN UNNITHAN, PEZHUMVILA VEEDU, MEEYANA, OYUR, KOLLAM, PIN – 691 510 BY ADVS. SRI.S.MOHAMMED AL RAFI SRI.A.N.SHAJI (MURAMEL) SMT.THAJUNA MARIA FRANCIS RESPONDENTS: 1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION RD, KAANKATHU MUKKU, KOLLAM, PIN – 691 013 2 THE TAHSILDAR TALUK OFFICE, THRIKKANNAMANGAL, KOTTARAKKARA, KOLLAM, PIN – 691 506 *3. ADDL.R3.STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN – 695 001 ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 10.03.2025 IN WPC.NO.35343/2024 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2025, ALONG WITH WP(C).43017/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS.35343 & 43017 OF 2024 2 2025:KER:20065 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 43017 OF 2024 PETITIONER: UNNIKUTTAN.P., AGED 31 YEARS S/O PRASANNAN UNNITHAN, PEZHUMVILA VEEDU, MEEYANA, OYUR, KOLLAM, PIN – 691 510 BY ADVS. SRI.S.MOHAMMED AL RAFI SRI.A.N.SHAJI (MURAMEL) SMT.THAJUNA MARIA FRANCIS RESPONDENTS: 1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION RD, KAANKATHU MUKKU, KOLLAM, PIN – 691 013 2 THE TAHSILDAR, TALUK OFFICE, THRIKKANNAMANGAL, KOTTARAKKARA, KOLLAM, PIN – 691 506 *3. ADDL.R3.STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN – 695 001 ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 10.03.2025 IN WPC.NO.43017/2024 SMT. DEEPA NARAYANAN. SR. GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2025, ALONG WITH WP(C).35343/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS.35343 & 43017 OF 2024 3 2025:KER:20065 T.R.RAVI.J ------------------------------------------------------- WP(C) Nos.35343 & 43017 of 2024 -------------------------------------------------------- Dated this the 10th day of March, 2025 JUDGMENT The petitioner seeks instalment for paying off the demand made for royalty. By two demands, a total amount of more than Rs.32 lakhs have been demanded. The Government Pleader submits that the Geologist may not be empowered to grant any permission for payment in instalment but the Government is very much empowered. In the above circumstances, this writ petition is disposed of directing the petitioner to approach the Government with an appropriate application seeking permission to pay the amounts in instalments within three weeks from today and on receipt of such request, WP(C) NOS.35343 & 43017 OF 2024 4 2025:KER:20065 the additional 3rd respondent shall consider the same and pass orders after hearing the petitioner, at the earliest, at any rate within two months from the date of the application. Sd/- T.R.RAVI sn JUDGE WP(C) NOS.35343 & 43017 OF 2024 5 2025:KER:20065 APPENDIX OF WP(C) 35343/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 30/04/2018 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 01/11/2018 ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED NIL ISSUED BY 2ND RESPONDENT WP(C) NOS.35343 & 43017 OF 2024 6 2025:KER:20065 APPENDIX OF WP(C) 43017/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 16-10-2024 IN W.P(C) NO. 35343/2024 Exhibit P2 TRUE COPY OF THE NOTICE DATED 21-11-2024 ISSUED BY THE 2ND RESPONDENT RESPONDENT EXHIBITS EXHIBIT R2 (a) A TRUE COPY OF NOTICE UNDER SECTION 36 ,NOTICE NO 169/2018 DATED, 08.07.2019 EXHIBIT R2 (b) A TRUE COPY OF THE REVENUE RECOVERY DEMAND NOTICE NO 2018/3316/02 DATED, 30.04.2018 EXHIBIT R2 (c) A TRUE COPY OF THE REVENUE RECOVERY NOTICE NO. 2020/4512/02 DATED, 11.06.2020