High Court disposed of a writ petition challenging excessive compounding fees under Minor Mineral Concession Rules by directing the petitioner to file a statutory appeal and remit the fee, with the Additional Deputy Secretary to decide within three months.
Petitioner directed to remit fee; Additional Deputy Secretary to decide appeal within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
WP(C).No.14206 of 2019
PETITIONER:
K.K.ANANDAN, AGED 60 YEARS, S/O. KANNAN, KANJIRAKUNNUMMAL, POOVATHUR,CHERUVANCHERRY VILLAGE, KANNUR DISTRICT,PIN - 670 650. BY ADV. SRI.ASHWIN SATHYANATH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT COLLECTOR, KANNUR,PIN-670 002. 3 THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, E-BLOCK, KANNUR,PIN-670 002. 4 THE TAHSILDAR, THALASSERY, KANNUR DISTRICT, PIN-670 101. * ADDL.R5 THE DEPUTY SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. * ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 09.07.2019. R1-R4 & SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is stated to be the registered owner
of two vehicles, viz., a J.C.B. bearing registration No.KL-12/L9514 and a Hyundai Rolex (Model No.110-7) Excavator, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P9 order dated 13.11.2018 issued by the 2nd respondent imposing an amount of Rs.2,00,000/- each as compounding fee. According to the petitioner, the compounding fee demanded in Ext.P9 is excessive, in violation of the provisions under Ext.P1 Government order, i.e., G.O.(Ms) No.51/2017/ID dated 21.06.2017. The further relief sought for is a writ of mandamus commanding the 2nd respondent to compound the alleged offences on deposit of the requisite amount, as contemplated in Ext.P1 Government order.
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the Kerala Minor Mineral Concession Rules, 2015. The learned counsel for the petitioner sought adjournment.
for consideration, the learned Government Pleader sought further time to file statement on behalf of the 3rd respondent. The learned counsel for the petitioner sought a clarification to the effect that the pendency of this writ petition will not stand in the way of the petitioner invoking the statutory remedy against Ext.P9 order dated 13.11.2018, by filing an appeal under Rule 98 of the Kerala Minor Mineral Concession Rules, 2015, if so advised. It was clarified accordingly.
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interlocutory application has already been forwarded to the additional 5th respondent, by registered post, on 26.06.2019.
submit that, if the appeal filed by the petitioner against Ext.P9 order is in order and the petitioner has remitted the requisite fee, the additional 5th respondent shall consider that appeal and also the interlocutory application, and pass appropriate orders thereon, within a time limit to be specified by this Court.
i) If not already remitted, the petitioner shall remit the requisite fee for entertaining the appeal filed under Rule 98 of the Kerala Minor Mineral Concession Rules,
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2015 against Ext.P9 order dated 13.11.2018 of the 2nd respondent, within a period of ten days from the date of receipt of a certified copy of this judgment.
ii) If the appeal filed by the petitioner is in order and the petitioner has paid the requisite fee, the additional 5th respondent shall consider the interlocutory application along with that appeal and pass appropriate orders thereon, with notice to the petitioner and after affording him an opportunity of being heard, within a period of ten days.
iii) Thereafter, the additional 5th respondent shall consider and pass appropriate orders on the appeal filed by the petitioner against Ext.P9 order, with notice to the petitioner and after affording him an opportunity of being heard, strictly in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
The legal and factual contentions raised by the petitioner are left open to be raised before appropriate
authority, at appropriate stage.
Sd/-
ANIL K. NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE G.O(MS)NO.51/2017/ID DATED 21.06.2017. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE MAHZAR DATED 21.10.2017 PREPARED BY THE 4TH RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF THE REPORT DATED 23.10.2017 SUBMITTED BY THE 4TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE 'KACHEET' DATED 21.10.2017 SIGNED BY THE PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE ORDER DATED 15.12.2017 PASSED BY 2ND RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 08.02.2018 IN WP(C) 4262/2018. |
| EXHIBIT P7 | TRUE COPY OF THE MWMO CHARGES IN C.O.C 1059/2018 IN WP(C) 4262/2018. |
| EXHIBIT P8 | TRUE COPY OF ORDER PASSED BY THE 2ND RESPONDENT DATED 21.08.2018. |
| EXHIBIT P9 | TRUE COPY OF THE ORDER DATED 13.11.2018 PASSED BY THE 2ND RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT COMPOUNDING VARIOUS OTHER SIMILARLY SITUATED VEHICLES DATED 07.05.2018. |
RESPONDENTS' EXHIBITS:
ANNEXURE R3(A) TRUE COPY OF THE ORDER NO. DCKNR/3502/2018-DM6 DATED 02.05.2018 ISSUED BY THE 2ND RESPONDENT.
2 issues framed by the court
Whether the writ petition is maintainable when a statutory appeal remedy is available under Rule 98 of the Kerala Minor Mineral Concession Rules, 2015.
Whether the petitioner must remit the requisite fee to proceed with the appeal against the impugned order imposing compounding fees.
2 provisions across 2 enactments
K.K. Anandan
State of Kerala
The District Collector, Kannur
The Geologist, District Office
The Tahsildar, Thalassery
Deputy Secretary, Industries Department
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
