JUDGMENT :

P.B. SURESH KUMAR, J.

1. Petitioner is a company running a granite quarry at Payyanamon. As per Ext.P1 notice, the third respondent has called upon the petitioner to pay a sum of Rs. 5,68,38,560/- towards price, royalty and other dues in respect of the granite stones quarried by the petitioner unauthorisedly beyond the limits of the land over which they secured the quarrying lease. Ext.P1 notice was issued invoking the power under Rule 58(2) of the Kerala Minor Mineral Concession Rules, 1967 (the Rules). Ext.P1 notice was challenged by the petitioner in appeal before the Government, and the Government set aside the same holding, among others, that the third respondent was not empowered to exercise the power under Rule 58(2) of the Rules. Ext.P2 is the order passed by the Government in this regard. In Ext.P2 order, it was, however, clarified that the said order will not preclude the Director of the Department of Mining and Geology (the Director) from initiating fresh proceedings against the petitioner under Rule 58(2) of the Rules in respect of the same subject matter. In the light of the said clarification, the Director issued a notice on 4.1.2002 calling upon the petition