M/S. BLACK DIAMOND ROCK PRODUCTS LLP v. STATE OF KERALA

SPECIAL GP SRI S.RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.10442 of 2023 2 VIJU ABRAHAM, J. ................................................................. W.P (C) No.10442 of 2023 ................................................................. Dated this the 22nd day of January, 2024 JUDGMENT Petitioner has approached this Court seeking to quash Exts.P12, P13, P16, P17, P18 and also P20. By Ext.P12 order the original authority, 3rd respondent Geologist, is demanding royalty for the alleged excess mineral extracted by the petitioner against which first appeal was preferred and the first appellate authority issued Ext.P13 order rejecting the first appeal. Against Ext.P13 order the petitioner has preferred Ext.P14 second appeal before the 1st respondent.

2. On 29.11.2023 this Court passed an interim order which reads as follows: “This Court, by order dated 15.11.2023, directed the learned Special Government Pleader to get instructions as regards the contention of the petitioner that they have paid excess amount as royalty, with reference to Ext. P8.

2. The learned Government Special Pleader, with reference to Ext. P8, submits that no excess amount is paid as royalty as claimed by the petitioner.

3. The learned Senior Counsel appearing for the petitioner submits that an opportunity may be given to the petitioner to substantiate their contentions before the 3rd respondent with regard to the amount of royalty payable. WP(C) No.10442 of 2023 3 Accordingly, there will be a direction to the 3rd respondent to hear the petitioner as regards the royalty to be paid and pass appropriate orders within one month after taking into consideration the contentions of the petitioner based on Ext. P8 and in accordance with law. It will be open to the 3rd respondent to take consequential decisions on the basis of the order to be passed pursuant to the hearing.” Pursuant to the interim order dated 29.11.2023 Ext.P20 order was issued by the 3rd respondent which is in conformity with Ext.P12 order passed by the said authority. Petitioner submits that since Ext.P14 second appeal is pending before the 1st respondent, this Court may issue a direction to the said respondent to consider and pass orders on Ext.P14 as expeditiously as possible, taking into consideration the fact that the lease is not being renewed due to non remittance of the amount demanded as per Ext.P12 order. Petitioner further submits that while Ext.P14 second appeal is being considered, the veracity of Exts.P16, P17, P18 and P20 may also be taken into consideration by the 1st respondent.

3. Learned Government Pleader upon instruction submitted that Ext.P14 second appeal will be considered by the 1st respondent at the shortest possible time and while taking into consideration of Ext.P14, the veracity of Exts.P16, P17, P18 and P20 will also be taken into consideration by the 1st respondent.

4. To facilitate an early disposal of Ext.P14 appeal, petitioner submits that they are ready to appear before the 1st respondent on a date fixed by WP(C) No.10442 of 2023 4 this Court. Learned Government Pleader submits that the petitioner may be directed to appear before the 1st respondent, second appellate authority, on 30.01.2024 at 11.00 a.m. for a hearing. In view of the same, the writ petition is disposed of with the following directions: (i) Petitioner shall appear before the 1st respondent on 30.01.2024 at

11.00 a.m. for hearing. (ii) The 1st respondent shall consider and pass orders on Ext.P14 second appeal preferred by the petitioner in accordance with law, within a period of one week from 30.01.2024, after affording an opportunity of being heard to the petitioner and while doing so the veracity of Exts.P16, P17, P18 and P20 shall also be looked into. (iii) Petitioner will be free to submit notes of argument highlighting all their contentions and producing all the documents in support of their contentions. VIJU ABRAHAM Sd/- JUDGE WP(C) No.10442 of 2023 5 APPENDIX OF WP(C) 10442/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 TRUE COPY OF THE PROCEEDINGS NO. P/913/2018 DATED 7.12.2018 ISSUED BY THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, ERNAKULAM TRUE COPY OF THE QUARRYING PERMIT NO. 35/18-19/MM/GS/QP/DOE/634/E2/18 DATED 11.1.2019 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY TRUE COPY OF THE QUARRYING PERMIT NO. 50/18-19/MM/GS/QP/DOE/634/E2/18 DATED 11.3.2019 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY TRUE COPY OF THE QUARRYING PERMIT NO. 24/19-20/MM/GS/QP/DOE/2147/E2/19 DATED 22.1.2020 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY TRUE COPY OF THE MINING PLAN FOR GRANITE BUILDING AND STONE PERMIT QUARRY PRODUCED BY THE PETITIONER AND APPROVAL OF THE 3RD RESPONDENT DATE NIL TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.203/2021/INDUSTRIES DATED 12-2- 2021 TRUE COPY OF THE ORDER NO.10972/M3/2020 DATED 9-3-2021 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE ORDER NO.29/21-22/DOE/2147/E2/19 DATED 15-4- 2021 ISSUED BY THE 3RD RESPONDENT TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.1372/2021/ID DATED 18-12-2021 TRUE COPY OF THE SHOW CAUSE NOTICE NO.DOE/2147/E2/19 DATED 7-2-2022 ISSUED WP(C) No.10442 of 2023 6 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit14 Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 BY THE 3RD RESPONDENT TO THE PETITIONER TRUE COPY OF THE REPLY DATED 8-2-2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT TRUE COPY OF THE ORDER NO.435/21-22/DOE/2147/E2/19 DATED 18-2- 2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.904/2022/ID DATED 22-8-2022 TRUE COPY OF THE SECOND APPEAL DATED 30- 8-2022 SUBMITTED BY THE PETITIONER ALONG WITH THE CHALLAN DATED 27-8-2022 REMITTING THE PRESCRIBED FEE TRUE COPY OF THE JUDGMENT DATED 2-12- 2022 IN WP(C)NO.31484/22 OF THIS HON'BLE COURT TRUE COPY OF THE INSPECTION REPORT DATED 14-12-2022 OF THE SENIOR GEOLOGIST IN THE OFFICE OF THE 2ND RESPONDENT TRUE COPY OF THE ORDER NO.601/22- 23/582/M3/2022 DATED 6-2-2023 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE ORDER NO.DOE/904/EI/2020 DATED 17.02.2023 ISSUED BY THE 3RD RESPONDENT True copy of the challan dated 15-01- 2020 of the District Treasury Ernakulam THE TRUE COPY OF THE ORDER NO.108/2023- 24/DEO/2069/E/2023 DATED 26/12/2023 PASSED BY THE 3RD RESPONDENT .