PLAKKATTU GRANITES (P) LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in the writ petition, a company incorporated under the Companies Act , has filed the above review petition seeking to review the judgment dated 22.02.2019 in W.P.(C) No. 25012 of 2013 disposed of along with W.P.(C) No. 8872 of 2018 filed by the very same review petitioner, basically holding that the orders passed by the statutory authorities under the provisions of the Kerala Minor Mineral Concession Rules were in accordance with law. The connected writ petition specified above was challenging a consequential action initiated by the respondents under the provisions of the Kerala Revenue Recovery Act, 1968 to recover an amount of Rs.5,68,33,000/- found to be due on the basis of the orders passed by the statutory authorities as specified above.

(2.) The review petition is filed on three grounds: (1) that the validity of Ext.P8 order dated 15.02.2002 passed by the Secretary to Government, Industries Department was upheld by this court on the belief that Ext.P8 was issued as a measure of correction and not a review, (2) that the finding that Ext.P9 was only a notice and that the petitioner ought to have filed an objection rather than filing an appeal is an error apparent on the face of the record, since Ext.P9 was an order which is quite clear and evident from the recitals contained thereunder, even though it is referred to as a notice therein, and (3) this Court has omitted to consider the vitiating factors relating to Ext.P11 order dated 05.09.2013 passed by the State Government without considering any of the arguments advanced by the petitioner and therefore, this Court has failed to appreciate the fact that, it is an order without reason and therefore violative of the principles of natural justice.

(3.) Apart from the same, yet another contention advanced at the time of argument is that the issue raised in the writ petition was not considered by this Court taking into account Rule 51 of the Kerala Minor Mineral Concession Rules, which specifies that a proceedings before the authority has to be finalised after providing an opportunity of hearing to the aggrieved person.