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REGHUNATHAN NAIR, S/O. BHASKARAN PILLAI versus THE DIRECTOR, MINING AND GEOLOGY

High Court of Kerala

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REGHUNATHAN NAIR, S/O. BHASKARAN PILLAI v. THE DIRECTOR, MINING AND GEOLOGY - OP No. 35465 of 2002(V) [2007] RD-KL 778 (10 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 35465 of 2002(V)

1. REGHUNATHAN NAIR, S/O. BHASKARAN PILLAI,
... Petitioner

Vs

1. THE DIRECTOR, MINING AND GEOLOGY,
... Respondent

2. THE GEOLOGIST, MINING & GEOLOGY

3. THE REVENUE DIVISIONAL OFFICER,

4. THE VILLAGE OFFICER, KADAPRA.

For Petitioner :SRI.M.A.FIROZ

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :10/01/2007

O R D E R

S. Siri Jagan, J.
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O.P. No. 35465 of 1998
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Dated this, the 10th January, 2007.

J U D G M E N T

In this original petition, the petitioner is challenging Exts. P1 and P2 orders passed by the Revenue Divisional Officer under Rule 58 (2) of the Kerala Minor Mineral Concession Rules, 1967 demanding royalty and imposing fine on the petitioner. In O.P. No. 30838/2002, I had held that the power to demand royalty and impose fine under Rule 58(2) rests exclusively with the Government and no orders delegating that power to the RDO has been passed by the Government. In that view, I had held that the RDO has no jurisdiction to pass orders under Rule 58(2) of the Rules under which the real power rests exclusively with the Government. That being so, I quash Exts. P1 and P2. However, this shall not preclude the appropriate authority from taking appropriate action in accordance with law, if so warranted The amounts deposited pursuant to the interim orders in this original petition shall be refunded to the petitioner within two months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ W.P.C. No. -: 2 :- S. Siri Jagan, J.
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O.P. No. 35465 of 1998
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J U D G M E N T

10th January, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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