J U D G M E N T

Dated this the 25th day of August, 2022 The writ petition is filed by the petitioner seeking the following reliefs:

“i)Call for the records leading to Ext.P4 and quash the same by issuing a writ of certiorari.

ii) Issue a writ of Mandamus or any other writ, order or direction, directing the 2nd respondent to consider Ext.P5 application and allow him to pay the amount demanded by the 2nd respondent in Ext.P4 in equal monthly installments and direct the 2nd respondent not to refuse renewal of quarrying license if the petitioner pays the amount demanded in Ext.P4 in monthly installments and iii) Pass such further orders as this Honourable Court may be pleased to grant on the facts and in the circumstances of the case.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel appearing for the petitioner that the petitioner had been required to remit an ₹

amount of 1,46,16,356/- being royalty, price, compounding fee and penalty for extraction of granite building stone in excess of the permitted quantities, from a quarry for which permit has been granted to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has serious objection to raise, with regard to the ₹

compounding fee of 5 Lakhs included in the demand, since only a court is empowered to impose such penalty or compounding fee. It is further submitted that the petitioner has requested permission for paying off the amounts in instalments which was also not considered by the respondents. The learned counsel for the petitioner submits that the Ext. P6 judgment delivered by this Court on the question of compounding fee is also liable to be considered.

5. The learned Senior Government Pleader submits that the petitioner had approached the Geologist with an application for payment of the amount in instalments and the petitioner was informed that the Geologist has no power to permit the payment in instalments. It is further submitted that if the petitioner is ready to pay the interest due on the amounts demanded, payment in instalments can be permitted by this Court.

6. I am of the opinion that the imposition of penalty under Sections 21 and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 and composition of the same are matters which the petitioner can raise before the Appropriate Authorities in accordance with law. However, in view of the fact that the petitioner seeks permission to remit the amounts due in instalments, this writ petition is disposed of as under:

The petitioner is permitted to remit the entire ₹

amount found due in Ext.P4 except 5,00,000/- which is imposed as compounding fee, with interest at the rates applicable under the Revenue Recovery Act, with the respondents in 15 equal monthly instalments. The first of such instalment shall be paid within one month and the subsequent instalments shall be paid in 14 consecutive months. The amounts shall be paid as directed above without default. The contention with regard to the compounding fee can be taken up by the petitioner before the 2nd respondent and the petitioner shall abide by the decision taken by the 2nd respondent on the said issue in accordance with law. In case the petitioner remits the amounts as directed above without any default, the renewal of the permit will not be denied on the basis of Ext.P4. However, it is made clear that in case the petitioner commits any default in the payment of any of the instalments as directed above, he will lose the benefit of this judgment and the recovery proceedings shall be resumed against him.

Sd/-

N. NAGARESH, JUDGE smm/29.08.2022 APPENDIX OF WP(C) 25899/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF QUARRYING LEASE DATED

01/11/2018 ISSUED 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ENVIRONMENT CLEARANCE DATED 05/03/2016 ISSUED BY STAT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY KERALA TO THE PETITIONER.

Exhibit P3 TRUE LICENSE DATED 01/09/