ABRAHAM K. J. Vs. DISTRICT GEOLOGIST, KOTTAYAM

JUDGEMENT

(1.) The petitioner, who is running a granite unit, has approached this Court aggrieved by Ext.P1 demand notice issued by the respondent.

(2.) The petitioner states that the respondent-District Geologist has granted a dealers licence to the petitioner's unit. In Ext.P1 demand notice dtd. 9/5/2022, it was alleged that the petitioner illegally stored 7316 MT granite products. A penalty of Rs.5,51,752.00 was imposed on the petitioner.

(3.) The petitioner states that imposition of penalty is without any notice. As per Rule 24 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 ('the Rules', for short), the respondent is bound to give a show- cause notice to the petitioner and hear him. Any liability can be fixed on the petitioner only after considering the reply and explanation given by the petitioner. In the present case, the petitioner has not been given such an opportunity.