REGHUNATHAN NAIR Vs. DIRECTOR MINING AND GEOLOGY

JUDGEMENT

(1.) IN this original petition, the petitioner is challenging Exts. P1 and P2 orders passed by the Revenue Divisional Officer under Rule 58 (2) of the Kerala Minor Mineral Concession Rules, 1967 demanding royalty and imposing fine on the petitioner. IN O.P. No. 30838/2002, I had held that the power to demand royalty and impose fine under Rule 58(2) rests exclusively with the Government and no orders delegating that power to the RDO has been passed by the Government. IN that view, I had held that the RDO has no jurisdiction to pass orders under Rule 58(2) of the Rules under which the real power rests exclusively with the Government. That being so, I quash Exts. P1 and P2. However, this shall not preclude the appropriate authority from taking appropriate action in accordance with law, if so warranted The amounts deposited pursuant to the interim orders in this original petition shall be refunded to the petitioner within two months from the date of receipt of a copy of this judgment. The original petition is disposed of as above.