K.Kamil v. State of Kerala
Case brief
What is this about?
High Court of Kerala held that petitioner cannot challenge an order remitting reduced royalty after illegal extraction was found. Court allowed fresh compliance suit facility.
What did the court decide?
Petitioner permitted to pay amount of order P13 in 10 monthly instalments starting October 2016; default may lead to withdrawal of facility.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 16TH DAY OF AUGUST 2016/25TH SRAVANA, 1938
WP(C).No. 30650 of 2009 (A)
PETITIONER(S):
K. KAMIL, TC III/2060, RARICS, L-40, LIC LANE, PATTOM P.O., THIRUVANANTHAPURAM-4.
BY ADVS.DR.K.P.SATHEESAN,
SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.MATHEW SUNNY, SRI.P.MOHANDAS (ERNAKULAM).
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR, MINING AND GEOLOGY, THIRUVANANTHAPURAM.
Issues for consideration
2 issues framed by the court
Whether the order directing the petitioner to remit a reduced royalty amount, considering the amendment exempting illegal sand price, is legal and sustainable.
Whether the petitioner is entitled to relief from the demand imposed after applying the amended rules that exempt the price of illegally extracted sand.
Parties & counsel
- petitioner
K. KAMIL
- respondent
STATE OF KERALA
- respondent
THE DIRECTOR, MINING AND GEOLOGY
- respondent
THE SENIOR GEOLOGIST
Coram
Case details
As recorded by the court registry
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