Issuance Of Show Cause Notice Mandatory Under Rule 24 Of Kerala Minerals Rules, 2015: High Court

The Kerala High Court recently held that a show-cause notice is mandatory under Rule 24 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, before taking any action in cases relating to breach of conditions, prescribed in the license, by a dealer.

Justice N. Nagaresh also said that the reply of such person ought to be considered in such cases.

The petitioner, who runs a granite unit, had challenged a demand notice. He holds a dealers license issued to him by District Geologist.

In the Demand Notice dated May 9, 2022, it was alleged that the petitioner illegally stored 7316 MT granite products, and a penalty of Rs.5,51,752/- was imposed on him.

It was contended by Advocate Jestin Mathew on behalf of the petitioner that the penalty had been imposed on him without the issuance of any notice. He averred that as per Rule 24 of the Rules, the respondent was bound to give a show- cause notice to the petitioner and hear him, which had not been done in this case.

On the other hand, the Government Pleader Syamanthak argued that a show-cause notice had been issued to the petitioner on September 16, 2020, and that the Demand Notice dated May 9, 2022, could not thus be interfered with on ground of alleged violation of principles of natural justice.

The Court in this case noted that the show-cause notice alleged to have been issued to the petitioner was of the year 2020, while the impugned Demand Notice was issued two years later.

"Going by Rule 24 of the Rules, 2015, it is mandatory that the petitioner be given a show-cause notice and his reply is considered," said the court,

The court observed that the proceedings against the petitioner pursuant to Demand Notice would be unjust.

It directed that the Demand Notice dated May 9, 2022, be treated as show-cause notice.

“The petitioner will be at liberty to submit a detailed reply/explanation to the allegations contained in Ext.P1, within a period of two weeks. The respondent shall take a final decision in the matter after giving an opportunity of hearing to the petitioner, within a further period of one month from the date of receipt of reply filed by the petitioner,” said the court.

Case Title: K.J. Abraham v. The District Geologist

Citation: 2023 LiveLaw (Ker) 101

Click here to read/download judgment