Kunju Mohammed vs Director, Department Of Mining And Geology And Ors

The petitioner approached this Court challenging Ext.P1 demand notice issued by the Geologist.

As per the above demand notice, the petitioner was directed to pay Rs.2,95,000/- for the illegally extracting ordinary earth having the quantity of 4500 metric ton from the land referred in the impugned demand notice.

As seen from the impugned demand notice, though notice was issued to the petitioner to show cause, he failed to respond to such notice. The petitioner's case is that the demand notice was issued without giving sufficient opportunity to him.

Having considered the facts and circumstances, an opportunity should be given to the petitioner. The petitioner shall appear before the Geologist on 18.01.2021 at 11 a.m. Ext.P1 will be treated as a provisional demand notice. Thereafter, after hearing the petitioner's objection, a final decision shall be taken by the Geologist. In view of the fact that Ext.P1 is treated as a provisional demand notice, no coercive steps shall be taken against the petitioner unless a final order is issued in this matter.

The writ petition is disposed of as above.