M/S. Anil Granites v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No.10060 of 2015 (F) -------------------------------------- PETITIONER:
------------------- M/S.ANIL GRANITES,OONJAPPARA,KEERAMPARA, KOTHAMANGALAM-686691,REPRESENTED BY ITS MANAGING PARTNER K.P.JOY.
BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENTS:
------------------------ 1.
STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY,INDUSTRIES (A) DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
2.
THE DIRECTOR OF MINING AND GEOLOGY, GOVERNMENT OF KERALA,KESAVADASAPURAM, PATTOM P.O.,THIRUVANANTHAPURAM,PIN-695001.
3.
THE GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,CIVIL STATION,ERNAKULAM, KAKKANAD,KOCHI-682030.
BY GOVT. PLEADER SRI.K.C.VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C) NO.10060/2015 APPENDIX PETITIONER'S EXHIBITS:
EXT.P1:TRUE COPY OF PROCEEDINGS DATED 20.5.2014 OF THE 2ND RESPONDENT GRANTING REGISTRATION.
EXT.P2:TRUE COPY OF FORM 'S' REGISTRATION OF THE UNIT AS A METAL CRUSHER UNIT.
EXT.P3:TRUE COPY OF GOVERNMENT ORDER DATED 5.1.2015 REVISING THE ROYALTY RATE.
EXT.P4:TRUE COPY OF NOTICE DATED 21.2.2015 ISSUED BY THE 3RD RESPONDENT.
EXT.P5:TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AGAINST EXT.P4 DATED 24.3.2015. RESPONDENT'S EXHIBITS:
NIL //TRUE COPY// P.S. TO JUDGE pk
P.R.RAMACHANDRA MENON, J.
= = = = = = = = = = = = = = = = W.P.(C) No.10060 of 2015 = = = = = = = = = = = = = = = = = = = = = Dated this the 30 th day of March, 2015
JUDGMENT
The petitioner is mainly aggrieved of the enhancement of the 'consolidated royalty' from 5.01.2015 by virtue of the amendment of the KMMC Rules, 2015 brought into force as per Ext.P3 (G.O.(P) NO.1/2015/ID). The 'consolidated royalty' has been enhanced in the case of the petitioner to an unconscionable extent. The petitioner has been served with Ext.P4 notice dated 21.2.2015 to satisfy the amount of 8,00,000/-, which made the petitioner to approach ₹ this Court by filing this writ petition. It is also stated that the petitioner has already filed Ext.P5 statement of objections in response to Ext.P4, 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.P3 amendment does not have any retrospective effect and the same will come into effect only after the date of notification and as such, the liability of the petitioner can only be from 9.1.2015 and onwards which according to the petitioner is only to the tune of 2 lakhs.
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W.P.(C) No.10060 of 2015
4. After hearing both the sides, the writ petition is disposed of directing the 3rd respondent to consider Ext.P5 objection in response to Ext.P4 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 2 lakhs (1/4 ₹ th of the amount payable as per the amendment) plus 25% of the enhanced royalty in respect of 2015-2016, to be effected within 'ten days' from the date of receipt of a copy of this judgment. Subject to this, the application for renewal of registration for the year 2015-2016 shall be considered and finalised by the concerned respondent. 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 sj