Immanuel Crushers & Mines (P) Ltd. Vs State of Kerala — Kerala HC (2025) — LawSathi Research

Immanuel Crushers & Mines (P) Ltd. Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to pay the amounts due under Ext.P2 demand notice in six equal monthly instalments (first on or before 07.05.2025, subsequent instalments on or before the 7th of succeeding months); coercive recovery steps kept in abeyance during the instalment plan; KOMPAS portal to be opened after the first instalment; respondents free to resume recovery proceedings upon two consecutive defaults.

Issue for consideration

Whether the petitioner may be permitted to pay the amounts demanded in Ext.P2 (demand notice) in instalments. +1 more

Court's answer

The writ petition is disposed of permitting the petitioner to pay the amounts due to the respondent in six equal monthly instalments, the first instalment becoming payable on or before 07.05.2025 and the subsequent instalments on or before the 7th day of the succeeding months.

Ratio / Principle

If the petitioner makes two consecutive defaults in payment of the instalments, the respondents will be at liberty to continue with the proceedings for recovery.

Key takeaways

After payment of the first instalment, the 2nd respondent shall open the KOMPAS (Kerala Online Mining Permit Awarding Services) portal to the petitioner.ratio¶25
Coercive steps for recovery shall be kept in abeyance for facilitating the payments by instalments as directed.ratio¶25

Detailed headnote1 paragraphs

Kerala High Court (T.R. Ravi, J.), WP(C) No.14265 of 2025 (decided 07.04.2025): Immanuel Crushers & Mines (P) Ltd., holder of a quarrying lease dated 23.06.2017 valid till 22.06.2027, sought permission to pay in instalments the amounts demanded by the Geologist, Palakkad, in demand notice Ext.P2 (No. DOPAL-DMG/791/2023/M dated 27.03.2025). The petition was disposed of permitting payment in six equal monthly instalments, the first payable on or before 07.05.2025 and the rest on or before the 7th day of succeeding months. Coercive steps for recovery were kept in abeyance to facilitate the instalment payments; the 2nd respondent is to reopen the KOMPAS portal after the first instalment; on two consecutive defaults the respondents may resume recovery proceedings.

WP(C) NO. 14265 OF 2025

1

2025:KER:29886

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE T.R.RAVI

MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

WP(C) NO. 14265 OF 2025

PETITIONER:

IMMANUEL CRUSHERS & MINES (P) LTD
34/316, PIPE LINE ROAD, PADIVATTOM,
EDAPPALLY P.O., ERNAKULAM
REPRESENTED BY ITS DIRECTOR
SRI. TOMY JOSEPH, PIN – 682 024

BY ADVS.
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SRI.DERICK MATHAI SAJI
SRI.KARAN SCARIA ABRAHAM
SRI.ITTOOP JOY THATTIL

RESPONDENTS:

1STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN – 695 001

2THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
PALAKKAD, PIN – 678 014

SRI. RAJEEV JYOTHISH GEORGE, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 14265 OF 2025

2

T.R.RAVI.J

2025:KER:29886

--------------------------------------WP(C) No.14265 of 2025 --------------------------------------Dated this the 07^th day of April, 2025

JUDGMENT

The prayer in the writ petition is for permission to pay the

amounts demanded in Ext.P2 in instalments.

In view of the limited prayer made, this writ petition is disposed of permitting the petitioner to pay the amounts due to the respondent in six equal monthly instalments, the first instalment becoming payable on or before 07.05.2025 and the subsequent instalments becoming payable on or before the 07^th day of the succeeding months. If the petitioner makes two consecutive defaults in the payment of instalments as directed above, the respondents will be at liberty to continue with the proceedings for recovery. After the payment of the first installment, the 2^nd respondent shall open the KOMPAS (Kerala Online Mining Permit Awarding Services) portal to the petitioner. Coercive steps for recovery shall be kept in abeyance for facilitating the payments by instalments as directed above.

Sd/-

T.R.RAVI

JUDGE

sn

WP(C) NO. 14265 OF 2025

3

2025:KER:29886

APPENDIX OF WP(C) 14265/2025

PETITIONER’S EXHIBITS

Exhibit P1

TRUE COPY OF THE QUARRYING LEASE DATED
23.06.2017 VALID TILL 22.06.2027.

Exhibit P2

TRUE COPY OF THE DEMAND NOTICE NUMBERED AS
DOPAL-DMG/791/2023/M AND DATED 27.03.2025
ISSUED BY THE 2ND RESPONDENT.