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2021 Supreme(Online)(KER) 20926

P. B. Suresh Kumar, J
PLAKKATTU GRANITE INDUSTRIES (P) LTD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PAUL JACOB (P), SRI.ENOCH DAVID SIMON JOEL, SRI.RONY JOSE, SRI.GEORGE A.CHERIAN, SRI.LEO LUKOSE, SMT.SUZANNE KURIAN, SHRI.AMAL AMIR ALI
For the Respondents: SRI.RANJITH THAMPAN

Table of Content
1. challenge regarding unauthorized extraction dues. (Para 1 , 2 , 3)
2. disagreement on liability and interest claims. (Para 4 , 5)
3. enforceability of notices and administrative actions. (Para 6 , 7 , 9 , 10)
4. equitable discretion principles in administrative jurisdiction. (Para 11)
5. directives on state conduct regarding resource management. (Para 12 , 13)

JUDGMENT

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, howev

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