Allowed

Ashique Ali v. State of Kerala

Kerala HC17 Jan 2019WP(C)/1408/2019

Case brief

AI extract

What is this about?

This writ petition sought directions to allow the petitioner, a quarry operator, to pay seniorage dues via installments. The court allowed the petition, modifying the impugned order to permit payment in 10 equal monthly installments with automatic vacation upon default.

What did the court decide?

The petitioner is permitted to pay Rs.24.20 lakhs in 10 equal monthly installments starting from the week of March 2019.

Ashique Ali Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THURSDAY, THE 17TH DAY OF JANUARY 2019 / 27TH POUSHA, 1940

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WP(C).No. 1408 of 2019

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PETITIONER:

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ASHIQUE ALI, AGED 34 YEARS, S/O. A.A.ALI, ANDETH HOUSE, MEKKALADY, KALADY.

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BY ADV. SRI.M.A.ABDUL HAKHIM

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM , PIN 695 001.

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2 THE TAHSILDAR, ALUVA TALUK,ALUVA, ERNAKULAM DISTRICT,PIN 683 101.

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OTHER PRESENT:

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SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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17.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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W.P.(C)No.1408 of 2019

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Dated this the 17^th day of January, 2019

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J U D G M E N T

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The prayers in this Writ Petition (Civil) are as follows:

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" a) issue a writ of mandamus such other writ order or direction to the respondents to permit the petitioner to pay the seniorage of Rs.24.20 lakhs in at the least 12 equal monthly installments. And

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b) pass such other order as this Hon'ble Court shall deem just."

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Heard Sri.M.A.Abdul Hakhim, learned counsel

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appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

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The petitioner who has been conducting quarrying activities and has now submitted Ext.P-14 request dated 14.1.2019 to the 2^nd respondent Tahsildar, requesting him to permit the petitioner to pay the claimed seniorage of Rs.24.20 lakhs in 12 monthly equal installments as permitted in the preceding years and the same has been now rejected by impugned Ext.P-15 order dated 15.1.2019. According to the petitioner, he suffered huge loss

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W.P.(C).No.1408/2019

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..3..

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in the flood that occurred in the State in August, 2018 and had to spend huge amounts to put the industries into working condition as evident from Exts.P-9 and P-10 certificates and that the respondents sought to have taken a lenient view in the matter of granting installments to the petitioner as done earlier in Exts.P-16 to P-18. It is in the light of these factual aspects that the petitioner has filed the instant writ petition with the aforementioned prayers.

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It can be seen from a reading of Exts.P-16 to P-18 that in previous occasions the petitioner has been given the benefit of paying the demanded seniorage in reasonable installments. Having regard to the abovesaid facts and circumstances it is ordered that the 2^nd respondent will permit the petitioner to pay the demanded seniorage of Rs.24.20 lakhs, the demanded seniorage amount in question in 10 equal monthly installments starting from the first week of March, 2019 onwards. However it is made clear that in case if there is any default made by the petitioner for any of the installments then the benefit of the direction will stand automatically vacated in which case the respondents can proceed

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W.P.(C).No.1408/2019

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..4..

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to realize the outstanding arrears. With the abovesaid directions the impugned Ext.P-15 order will stand modified.

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With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS,

JUDGE

MMG

W.P.(C).No.1408/2019

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	A PHOTOSTAT CERTIFICATE COLLECTOR, ER	COPY OF THE NO OBJECTION ISSUED BY THE DISTRICT NAKULAM TO THE PETITIONER
EXHIBIT P2	A PHOTOSTAT ORDER ISSUED 24.5.2010	COPY OF THE CONSENT VARIATION BY THE KERALA VALIED TILL
EXHIBIT P3	A PHOTOSTAT ISSUED BY	COPY OF THE PANCHAYAT LICENSE MALAYATTOOR NEELESWARAM
	PANCHAYAT TO 31.3.2019	THE PETITIONER VALID TILL
EXHIBIT P4	A PHOTOSTAT ISSUED TO 31.3.2019	COPY OF THE EXPLOSIVE LICENSE THE PETITIONER VALIED TILL
EXHIBIT P5	A PHOTOSTAT CERTIFICATE VALID TILL 25	COPY OF THE MINE SAFETY ISSUED TO THE PETITIONER .7.2019
EXHIBIT P6	A PHOTOSTAT CERTIFICATE VALID FOR A	COPY OF THE MINE SAFETY ISSUED TO THE PETITIONER PERIOD OF 5 YEARS.
EXHIBIT P7	A PHOTOSTAT CERTIFICATE TO THE GEOLOG	COPY OF THE NO DUE ISSUED BY THE 2ND RESPONDENT IST ERNAKULAM
EXHIBIT P8	A PHOTOSTAT PERMIT ISSUE TO THE PETITI	COPY OF THE LAST QUARRYING D BY THE GEOLOGIST ERNAKULAM OENR VALID TILL 21.12.2018
EXHIBIT P9	A PHOTOSTAT ISSUED BY	COPY OF THE CERTIFICATE THE VILLAGE OFFICER,
	MALAYATTOOR	CERTIFYING THAT THE QUARRY OF
	THE PETITION ACCOUNT OF TH	ER COULD NOT BE OPERATED ON E HEAVY RAIN IN 2018

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..6..

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W.P.(C).No.1408/2019

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EXHIBIT	P10 A PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KALADY CERTIFYING THE DAMAGE TO THE HOUSE AND ESTABLISHMENTS OF THE PETITIOENR
EXHIBIT	P11 A PHOTOSTAT COPY OF THE LETTER OF INTENT ISSUED BY THE GEOLOGIST ERNAKULAM.
EXHIBIT	P12 A PHOTOSTAT COPY OF THE RECEIPT FOR THE PAYMENT OF ROYALTY OF RS 9.60,500/-
EXHIBIT	P13 A PHOTOSTAT COPY OF THE LETTER ISSUED BY
	THE GEOLOGIST ERNAKULAM TO THE 2ND RESPONDENT
EXHIBIT	P14 A PHOTOSTAT COPY OF THE REQUEST TO THE 2ND RESPONDENT TO PERMIT HIM TO PAY THE SENIORAGE OF RS.24.20 LAKHS IN 12 EQUAL MONTHLY INSTALLMENTS
EXHIBIT	P15 A PHOTOSTAT COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 15.1.2019
EXHIBIT	P16 A PHOTOSTAT COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT GIVING 4 INSTALLMENTS
	TO THE PETITIONER FOR THE PAYMENT OF SENIOR AGE OF RS 1,37,500/-
EXHIBIT	P17 A PHOTOSTAT COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT GIVING 5 INSTALLMENTS FOR PAYMENT OF ROYALTY TO THE PETITIONER
EXHIBIT	P18 A PHOTOSTAT COPY OF THE ORDER GIVING 8 INSTALLMENTS FOR THE PAYMENT OF ROYALTY OF RS.28 LAKHS TO THE PETITIONER

Ashique Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashique Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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