K.T.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner owns an item of property measuring 1 Hectare and 21 Sq.meters in Lalam Village. The petitioner was issued Ext.P2 notice by the second respondent alleging that he has extracted granite stones unauthorisedly from the said land. As per Ext.P2 notice, the petitioner was called upon to show cause why action shall not be taken against him under the Kerala Minor Mineral Concession Rules, 2015 (the Rules). Ext.P2 notice was served on the petitioner on 29.06.2019. It is alleged by the petitioner that after about an year, the petitioner was issued Ext.P3 notice also by the second respondent informing him that an inspection is proposed in his property on 30.07.2020. It is alleged by the petitioner that after the inspection, he was issued Ext.P4 order-cum-demand notice by the second respondent calling upon him to pay a sum of Rs.17,10,720/- towards the royalty of the granite stone unauthorisedly removed by him and Rs.34,21,440/- towards the price of the said granite stones. He was also called upon, in terms of the said order-cum-demand notice, to pay Rs.25,000/- by way of fine. It is stated in Ext.P4 that it was found in the inspection conducted in the property of the petitioner pursuant to Ext.P3 notice that the petitioner has removed 71280 metric tons of granite stones from his property unauthorisedly. Ext.P4 is under challenge in the writ petition.

(2.) Heard the learned counsel for the petitioner as also the learned Government Pleader.

(3.) The learned counsel for the petitioner submitted that Ext.P4 order was passed without affording the petitioner an opportunity of hearing and the same is, therefore, liable to be set aside on that sole ground.