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2026 Supreme(Online)(Ker) 7425

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
INDIRA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.V.ANIL KUMAR, SMT.RADHIKA S.ANIL, SHRI.NIJAZ JALEEL
For the Respondents: GOVERNMENT PLEADER

JUDGMENT

The petitioner was granted Ext.P3 quarrying permit for excavation of 8064m3 of ordinary earth during the period from 6/11/2023 to 5/2/2024. The petitioner paid Rs.3,22,560/- as royalty, vide Ext.P2 receipt. Ext.P5 is a demand notice issued to the petitioner alleging excess excavation of earth, and demanding a penalty of Rs.3,36,000/-. Petitioner preferred an appeal, which is disposed of vide Ext.P7, allowing payment of the penalty in six equal installments. Ext.P7 further directed the 3rd respondent to grant permission to remove the remaining ordinary earth, upon payment of the 1st installment. Petitioner remitted the 1st installment of Rs.56,000/- on time vide Ext.P8, and thereafter, gave Ext.P9 application for renewal of quarrying permit, and for issuance of transit pass. However, the 3rd respondent is compelling the petitioner to pay all the installments as per Ext.P7, as a pre-condition for renewal of permit and for issuance of pass, is the grievance espoused.

2. Learned Government Pleader would submit that the 1st installment was paid on time. However, at that point of time, the petitioner failed to make an application for renewal. Such application for renewal has not

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