High Court of KeralaWP(C)/9253/2015disposed of

M/S.Panachayil Industries v. State Of Kerala

2015-03-24Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9253 of 2015 (F) -------------------------------------- PETITIONER(S):

---------------------- M/S.PANACHAYIL INDUSTRIES, WEST OTHARA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT REPRESENTED BY ITS MANAGING PARTNER, ABY MATHEW RESIDING AT KUTTOOR, WEST OTHARA, THIRUVALLA. BY ADV. SRI.N.JAMES KOSHY RESPONDENT(S):

-------------------------

1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY INDUSTRIES (A) DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF MINING AND GEOLOGY GOVERNMENT OF KERALA, KESAVADASAPURAM PATTOM P.O.THIRUVANANTHAPURAM - 695 001.

3. THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE MINI CIVIL STATION, ARANMULA P.O., PATHANAMTHITTA PATHANAMTHITTA.

BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9253 of 2015 (F) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE REGISTRATION CERTIFICATE NO.36/201415/RMCU/PTA/2873/M3/2014 DATED 31.3.2014 ISSUED BY THE 3RD RESPONDENT TO PETITIONER EXT.P-2:

TRUE COPY OF THE CHALLAN DATED 29.3.2014 PAYING ROYALTY FOR THE YEAR 2014-2015 IN RESPECT OF CRUSHER UNIT. EXT.P-3:

TRUE COPY OF THE SCHEDULE-IV, THE CONSOLIDATED ROYALTY EXT.P-4:

TRUE COPY OF THE NOTIFICATION G.O.(P) NO.01/2015/ID DATED 5.1.2015 ISSUED BY THE IST RESPONDENT EXT.P-5:

TRUE COPY OF THE NOTICE NO.D.O.E.600/DOPT/M14 DATED 27.2.2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P-6:

TRUE COPY OF THE DETAILS OF THE ROYALTY PAYABLE BY THE PETITIONER DURING THE YEAR 2014-15.

EXT.P-7:

TRUE COPY OF THE OBJECTION DATED 13.3.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 9253 of 2015 -------------------------------------------- Dated this the 24th day of March, 2015

JUDGMENT

The petitioner is mainly aggrieved of the enhancement of the 'consolidated royalty' as per Ext.P4 dated 5.01.2015. The learned counsel for the petitioner points out that, by virtue of the amendment of the KMMC Rules, 2015 brought into force from the date of said notification as given in Ext.P4, the 'consolidated royalty' has been enhanced in the case of the petitioner to an unconscionable extent. The petitioner has been served with Ext.P5 notice dated 27.02.2015 to satisfy the amount as above, which made the petitioner to approach this Court by filing this writ petition. It is also stated that the petitioner has already filed Ext.P7 statement of objections in response to Ext.P5, which however is still to be acted upon.

2. Heard the learned Government Pleader as well.

3. During the course of hearing, the learned counsel for the petitioner submits that, Ext.P4 amendment does not have any retrospective effect and the same will come into effect only after

W.P.C. No. 9253 of 2015 -2the date of notification and as such, the liability of the petitioner can only be from 5.1.2015 to 31.3.2015 which according to the petitioner is only to the tune of 7,62,500/- as given in Ext.P6 ₹ statement.

4. After hearing both the sides, the writ petition is disposed of directing the 3rd respondent to consider Ext.P7 objection in response to Ext.P5 and pass appropriate orders after affording an opportunity of hearing to the petitioner at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. Coercive proceedings, if any shall be kept in abeyance till such time, subject to satisfaction of the admitted liability of 7,62,500/- to be effected within 'ten days' from the date of ₹ receipt of a copy of this judgment.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for further steps P.R. RAMACHANDRA MENON, JUDGE.

kp/-