KAVUMKAL GRANITES Vs. DIRECTOR

JUDGEMENT

(1.) W.P.(C) No.14524 of 2023 is filed by the petitioner challenging Ext.P6 notice issued by the 2nd respondent wherein the petitioner was directed to produce documents in respect to an enquiry regarding the area and quantity of the quarrying done by the petitioner. It is averred that the petitioner is a partnership firm engaged in the business of running a quarry. Petitioner submits that they have obtained all requisite licences and permits in order to conduct quarrying operations in their property consisting of 97 Ares of land in survey No.781/1/28/24, 781/1-26-D2 in Athikkayam Village, Ranni Taluk, Pathanamthitta District. While the petitioner was conducting the said quarry, Ext.P1 notice was issued by the 2nd respondent in respect of an enquiry into the extent of mineral quarry from the leased premises based on a survey. Petitioner contending that the said survey was without notice to him, applied for copies of the same under the Right to Information Act and later they were supplied to the petitioner. From Ext.P4 notice, the petitioner came to know that the Vigilance and Anti-Corruption Bureau has addressed the District Collector, Pathanamthitta to conduct an inspection into the allegation of extraction of minerals in excess of what is permitted. Thereafter, Ext.P6 notice of enquiry was issued to the petitioner which is under challenge in these proceedings.

(2.) It is seen that this Court has granted an interim order dtd. 5/5/2023 against all coercive steps pursuant to Ext.P6 notice. While so Ext.P9 demand notice was issued by the 2nd respondent for an amount of Rs.39,67,76,138.00 and this Court as per order dtd. 23/6/2023, stayed Ext.P9 demand notice for a period of 1 month. Later on petitioner challenged the demand before the 1st appellate authority as provided in Sec. 98 of the Kerala Minor Mineral Concession Rules, 2015 but by Ext.P11 communication, the petitioner was informed that the said appeal cannot be considered since W.P.(C) No. 14524 of 2023 is pending consideration before this Court.

(3.) Whereas W.P.(C) No. 22817/2023 is filed seeking a direction to the 2nd respondent Geologist to execute a quarrying lease for the property admeasuring 4.0262 hectares comprised in Survey No. 781/1/28-17-1 (resurvey no. 32), Survey No.781/1/28- 17-2 (resurvey No.32) of Athikkayam Village, Ranni Taluk, Pathanamthitta District.