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High Court of KeralaWP(C)/36599/2015disposed of

Dr. Ditto v. The District Geologist

2015-12-03Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 36599 of 2015 (Y) ---------------------------- PETITIONER(S):

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1. DR. DITTO, S/O. TOM THOMAS,AGED 40 YEARS, RESIDING AT PULIKOTTIL HOUSE, CHOONDAL. P.O., CHOONDAL VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT.

2. DR.NISHA, W/O. DR.DITTO, AGED 39 YEARS, RESIDING AT PULIKOTTIL HOUSE, CHOONDAL P.O., CHOONDAL VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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1. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DISTRICT - 680 020.

2. THE DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM, THIRUVANANTHAPURAM - 695 001.

3. TAHASILDAR (R.R)., THALAPPILLY TALUK, THRISSUR DISTRICT - 680 032.

4. THE VILLAGE OFFICER, KANIPPAYYUR VILLAGE, THRISSUR DISTRICT - 680 018. BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 36599 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT DT. 06.5.2014 TO THE 3RD RESPONDENT.

P2 - TRUE COPY OF THE NOTICE DT. 19.11.2015 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 36599 of 2015 ================== Dated this the 3rd day of December, 2015

J U D G M E N T

The petitioner has approached this Court challenging Ext.P2 notice demanding royalty and fine.

2.

As seen from Ext.P2 it is only a notice and no final order has been passed. Therefore this Court is of the view that the petitioner shall raise his objection against Ext.P2 within two weeks from the date of receipt of the copy of this judgment. Thereafter the Geologist shall pass an order after hearing the petitioner within further period of four weeks. It is made clear that no action shall be taken against the petitioner unless it is found that the petitioner is liable to pay the amount demanded in the final order to be passed. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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