SAJI YOHANNAN Vs. GEOLOGIST, MINING & GEOLOGY

JUDGEMENT

(1.) Petitioner was served with notice dated 27.9.2008 stating that the first respondent has conducted inspection in the property of the petitioner on 18.5.2007 and has fixed Rs.35, 720/- towards royalty and fine payable by the petitioner to the Government Treasury, on account of illegal quarrying. There upon, petitioner has submitted Ext.P3 requesting to withdraw the recovery proceedings since the petitioner has not indulged in any such activities. There upon, petitioner has approached this Court and secured Ext.P4 judgment in WP(C)No. 27350/2014 dated 21.10.2014, whereby, direction was issued to the first respondent to consider the representation submitted by the petitioner, and take a decision, also on condition that, petitioner remits an amount of Rs.15, 000/- within a time period. According to the petitioner the said direction was complied with by the petitioner, evident from Ext.P6 challan receipt. It is also the case of the petitioner that, subsequently, since there was an attachment, and in order to get the property released from the attachment, petitioner has paid the entire amount, however, no action is initiated by the first respondent, in accordance with the directions contained in Ext.P4 judgment. It is thus seeking appropriate directions, this writ petition is filed.

(2.) I have heard learned counsel for the petitioner and learned Government Pleader and perused the pleadings and documents on record.

(3.) Apparently, from Ext.P3 the relief sought for by the petitioner is to withdraw the recovery proceedings, since the petitioner has not effected any illegal quarrying operation enabling the respondents to initiate any recovery proceedings against the petitioner. However, it is clear from the submissions made by learned counsel that, petitioner had paid the entire amount in order to get the property released from the attachment as per the provisions of the Kerala Revenue Recovery Act. Therefore, it is for the petitioner to submit necessary application for repayment of the amount, which shall be considered, in accordance with law, along with Ext.P