A writ petition concerning mining royalty demands was withdrawn by the petitioner's counsel; the court dismissed the petition as withdrawn without deciding any substantive issue.
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 VIJU ABRAHAM
MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945
WP(C) NO. 13003 OF 2021
PETITIONER:
T.M. JOHN
AGED 63 YEARS
S/O.C.S.MATHAI, THAVALATHIL HOUSE, NEDUMANKAVU (P.O.),
KOODAL VILLAGE, KONNI TALUK, PATHANAMTHITTA, PIN - 689
693.
BY ADVS.
N.ANILKUMAR
SINU.G.NATH
JYOTHY V.S.
TONY GEORGE THOMAS
APPU T.S.
RESPONDENTS:
1 GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY REVENUE TOWERS, ADOOR P.O., PATHANAMTHITTA DISTRICT, PIN - 691523.2 DISTRICT COLLECTOR PATHANAMTHITTA COLLECTORATE PATHANAMTHITTA, PATHANAMTHITTA P.O., PIN689 645.3 THE TAHASILDAR, SECOND FLOOR MINI CIVIL STATION, KONNI P.O., PATHANAMTHITTA DISTRICT, PIN - 689 691.4 VILLAGE OFFICER KOODAL VILLAGE, RAJAGIRI ESTATE ROD, KOODAL P.O, PATHANAMTHITTA DISTRICT, PIN - 689 693. SR.GP - DEEPA NARAYANANTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 13003 of 2021 : 2 :
VIJU ABRAHAM , J.
===========================
WP(C) No. 13003 of 2021
============================ Dated this the 11th day of March, 2024
J U D G M E N T
The learned Counsel for the petitioner seeks permission to withdraw the writ petition.
The above writ petition is accordingly dismissed as withdrawn.
Sd/-
VIJU ABRAHAM JUDGE
sbk/-
WP(C) No. 13003 of 2021 : 3 :
APPENDIX OF WP(C) 13003/2021
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE DEVELOPMENT PERMIT N.A3-
2296/17 DATED 28/07/17 ISSUED BY THE
KALANJOOR PANCHAYATH.
Exhibit P2TRUE COPY OF THE BUILDING PERMIT NO.A3-
2296/17 DATED 28/07/17 ISSUED BY THE
KALANJOOR PANCHAYATH.
Exhibit P3TRUE COPY OF THE CHALLAN EVIDENCING
PAYMENT OF ROYALTY OF RS.40000.
Exhibit P4TRUE COPY OF THE TRANSIT PERMIT BEARING
NO.194/18-19/1457/DOPTA/M/17DATED
17/05/2018.
Exhibit P5TRUE COPY OF THE COLOUR PHOTOCOPY
DEPICTING THE SOIL AND RUBBLES LEFT OVER
AFTER LEVELING THE PROPETTY.
Exhibit P6TRUE COPY OF THE CHALLAN DATED 28/12/2018
EVIDENCING THE PAYMENTS OF RS.20000 AS
ROYALTY.
Exhibit P7TRUE COPY OF THE SAID NOTICE DATED
2/12/19.
Exhibit P8TRUE COPY OF THE REPLY DATED NIL GIVEN TO
THE 1ST RESPONDENT ON 19/12/2019.
Exhibit P9TRUE COPY OF THE DEMAND NOTICE DATED
11/02/2020.
Exhibit P10TRUE COPY OF THE APPLICATION GIVEN BY THE
PETITIONER ON 12/03/2020.
Exhibit P11TRUE COPY OF THE CERTIFICATE DATED
17/03/2020 ISSUED BY THE VILLAGE OFFICER.
Exhibit P11(A)TRUE COPY OF THE SKETCH DEPICTING THE
PRESENT LYE OF THE LAND.
Exhibit P12TRUE COPY OF THE DEMAND NOTICE DATED
12/10/2020 ISSUED PRIOR TO REVENUE
RECOVERY OF IMMOVABLE PROPERTY.
Exhibit P13TRUE COPY OF THE SAID DEMAND NOTICE DATED
12/10/2020 ISSUED PRIOR TO RECOVERY OF
MOVABLE PROPERTY.
T.M. JOHN
GEOLOGIST, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY
DISTRICT COLLECTOR PATHANAMTHITTA
THE TAHASILDAR, KONNI
VILLAGE OFFICER KOODAL VILLAGE
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court